It is a familiar canon of construction that a thing which is within the intention of the makers of a statute is as much within the statute as if it were within the letter; and a thing which is within the letter of the statute is not within the statute... Southern Reporter - 165 페이지1925전체보기 - 도서 정보
| 1868 - 322 페이지
...construction of the statute, although such construction seems contrary to the letter of the statute ; and a thing which is within the letter of the statute...statute, unless it be within the intention of the makers. The precise meaning of the rule will be best understood by a more minute reference to the adjudged... | |
| Anthony L. Robertson - 1868 - 780 페이지
...seems contrary to the letter of the statute. (People v. Utica Insurance Co., 15 John. 358.) A thing within the letter of the statute, is not within the...statute unless it be within the intention of the makers. (Jackson v. Collins, 3 Cowen, 89. James v. Patten, 2 Seld. 9. People v. Draper, 15 NY Bep. 532. The... | |
| Oliver Lorenzo Barbour - 1868 - 732 페이지
...which is within the Hoyle v. Pittsburgh and Montreal Railroad Company. letter of the statute is yet uot within the statute, unless it be within the intention of the makers." (The People v. Utica Ins. Co., 15 John. 381.) And the courts have always assumed to judge of the intention... | |
| Florida. Supreme Court - 1869 - 744 페이지
...the defendant would be an observance of the letter to the sacrifice of its spirit. "A tiling which is within the statute as if it were within the letter;...unless it be within the intention of the makers/' Bac. Abr., Stat. I., 5, 10. Transactions of this character are very common in agricultural communities,... | |
| Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1869 - 712 페이지
...358; 14 Mass. 92 ; 4 Comst. 144. For it is a maxim of interpretation as old as PLOWDEN, that "a thing within the letter of the statute is not within the...unless it be within the intention of the makers." Plowd. 18, 88; 3 Barn. & Aid. 266; 4 id. 212; 3 Cow. 89; 4 Litt. (Ky.) 377. In this act, the declared... | |
| 1890 - 542 페이지
...cannot be doubted that they would have provided for it. It is a familiar canon of construction that a thing which is within the intention of the makers...statute unless it be within the intention of the makers. The writers of laws do not always express their intention perfectly, but either exceed it or fall short... | |
| United States. Supreme Court, Benjamin Robbins Curtis - 1870 - 892 페이지
...the patent itself. First, it has been repeatedly decided, that " a thing which is in the letter of a statute is not within the statute, unless it be within the intention of the makers." Dwarris on Statutes, 692; Bac. Abr., Statute, T; 2 Instit. 107, 386. Wilson v. Rousseau. 4 IV. ventions... | |
| Nebraska. Supreme Court - 1871 - 534 페이지
...may seem contrary to the letter.' — Sac. ab. til. Statute ( I ) 15 John. 386, per Ch. J. THOMPSON. A thing which is within the letter of the statute,...unless it be within the intention of the makers." The same rule was applied in the case of The Mayor, drc. of New York v. Lord, 18 Wendell, 131. The... | |
| Ohio. Supreme Court - 1884 - 806 페이지
...all that is necessary. The rule of statutory construction that a thing which is within the intention of a statute is as much within the statute as if it...statute unless it be within the intention of the makers, is equally applicable to all written instruments. Northwestern Mutual Life Ins. Co. v. Gridley, 100... | |
| Abraham Lansing - 1873 - 634 페이지
...358; 14 Mass., 92; 4 Coms., 144.) For it is a maxim of interpretation, as old as Plowden, that'a thing within the letter of the statute is not within the...unless it be within the intention of the makers.' (Plowd., 18, 88; 3 Barn. & Aid., 266; 4 id., 212; 3 Cow., 89; 4 Litt. [Ky.], 377.) In this act the... | |
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