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
| Raymond Moore Remick - Executors and administrators - 1922 - 768 pages
...can be done without violation of its obvious meaning ; for, say the cases, it is not to be presumed the legislature intended to make any innovation upon the common law, further than the case absolutely requires.' "From an examination of the will before us, it apparently comes within the terms of Section... | |
| Charles Wesley Tooke - Municipal corporations - 1926 - 1392 pages
...law must do so in plain and direct terms. "It is not to be presumed," says this court in 12 Md. 475, "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,... | |
| American Bar Association - Law - 1907 - 1246 pages
...Southcrland on Construction of Statutes, Sec. 453-454. Southerland, Sec. 453: (454) : " It is not presumed that the legislature intended to make any innovation upon the common law further than the necessity of the case required. In other words, statutes, in derogation of it, and especially of a... | |
| Insurance law - 1897 - 1136 pages
...Tompkins vs. 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 - 1886 - 1040 pages
...law must do so in plain and direct terms. "It is not to be presumed," says this court in 12 Md. 475, "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 - 1900 - 1216 pages
...to be expounded as near to the use and reason of the prior law us may be. It is not to be presumed the legislature intended to make any Innovation upon the common law further than absolutely required. Cadbury v. Duval, 10 Pa. St 265. This act was passed to remove doubts in the minds... | |
| United States. Supreme Court - Law reports, digests, etc - 1884 - 1026 pages
...Indeed, statutes are to be construed in reference to 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. The best interpretation of a statute is, to construe it as near the rule and reason of the common law... | |
| Mississippi. Supreme Court - Law reports, digests, etc - 1921 - 1010 pages
...the act in question 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." So, then if illegitimates have any inheritable right under the laws of this state, they must look to... | |
| Mississippi. Supreme Court - Law reports, digests, etc - 1844 - 808 pages
...common law. '' Statutes are to be construed in reference to the common law, for it is not to be presumed the legislature intended to make any innovation upon...common law, further than the case absolutely required." VOL. i. 40 Willis & Conley r. Ives et al. 1 Reat's Com. 433-34. Plow. 365. 11 Mod. 149. 6 Dane's Abr.... | |
| William J. Novak - Reference - 1996 - 412 pages
...likewise to be construed in reference to the principles of the common law, for it is not to be presumed the legislature intended to make any innovation upon...common law, further than the case absolutely required." Kent, Commentaries, 1:433. Or again, James Sullivan: "If we examine the laws now existing, as acts... | |
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