 This statute is in derogation of the common law, therefore it is not to be extended by implication or construction. "As a rule of exposition, statutes are to be construed in reference to the principles of the common law ; for it is not to be presumed...  Rapports Judiciaires de Québec - Page 1671880Full view - About this book
 | Jabez Gridley Sutherland - Law - 1891 - 836 pages
...118 ; 87 Ala. 360. Where a statute pro- Howe v. Peckham, 6 How. Pr. 229 ; § 290. It is not presumed that the legislature intended to make any innovation upon the common law further than the necessity of the case required.i In other words, statutes in derogation of it, and especially of a... | |
 | 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 - Law reports, digests, etc - 1891 - 676 pages
...principles of equity jurisprudence ; and it will never be presumed that in the enactment of a given statute the Legislature intended to make any innovation upon the common law further than the necessity of the case required. These principles are elementary, and so fortified by authority that... | |
 | Illinois. Appellate Court, Edwin Burritt Smith, Martin L. Newell - Law reports, digests, etc - 1892 - 718 pages
...are to be construed in reference to the principles of the common law, for it is not to be presumed that the Legislature intended to make any innovation...common law further than the case absolutely required." Smith v. Laatsch, 114 111. 271, quoted there from Potter's Dwarris on Statutes. The design of the statute... | |
 | Law reports, digests, etc - 1892 - 1092 pages
...been estnbushed for the construction of statutes. One of these rules is that statutes are not presumed to make any innovation upon the common law, further than the case absolutely requires, (Bumside v. Whitney, 21 NY 148.) or, as the books state it, that statutes in derogation of... | |
 | Albert Stickney - Industrial policy - 1897 - 230 pages
...People v. Fanshawe, 137 NY 68, 73 ; People v. Richards, 108 NY 137, 144. (b) 1 Kent, Com. 464. lature intended to make any innovation upon the common law,...ancient sages bestowed upon the common law as the perfection of reason, and Ihe best birthright and noblest inheritance of the subject, we cannot be... | |
 | Wisconsin. Supreme Court, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold, Arnold LeBell - Law reports, digests, etc - 1897 - 770 pages
...441; Tompkins v. Hunter, 149 NY 117; Suth. St. Const. §§ 139, 290, 400. " It is not to be presumed that the legislature intended to make any innovation...common law, further than the case absolutely required. The law rather infers that the act did not intend to make any alteration other than what is specified,... | |
 | Law reports, digests, etc - 1897 - 1230 pages
...Tompkins v. Hunter, 149 NY 117, 43 NE 532; Suth. St. Const. §§ 13!), 290, 400. "It is not to be presumed that the legislature intended to make any innovation...common law, further than the case absolutely required. The law rather infers that the act did not intend to make any alteration other than what is specified,... | |
 | Pilot guides - 1898 - 444 pages
...those statutes making criminal "any act injurious to trade or commerce." For "it is not to be presumed that the Legislature intended to make any innovation...common law further than the case absolutely required." Accordingly, "it is submitted that the only reasonable interpretation of that phrase is, that it means... | |
 | Law reports, digests, etc - 1899 - 634 pages
...assignee upon the same plane as a Judicial sale; (2) by such an enactment it Is not to be presumed that the Legislature intended to make any innovation upon the common law further than absolutely required; (3) by analogy from the decisions under a judicial sale, this Hen was not discharged,... | |
 | Albert Poole Jacobs, Henry Allen Chaney - Law reports, digests, etc - 1889 - 1158 pages
...102. Statutes are to be construed with reference to the common law, and it is never to be presumed that the legislature intended to make any innovation upon the common law further than was necessary to carry the act into effect: Wales v. Lyon, 2 M. 276 ; Shannon v. People, 5 M. 71 ;... | |
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