 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...  Atlantic Reporter - Σελίδα 1171886Πλήρης προβολή - Σχετικά με αυτό το βιβλίο
 | Indiana. Supreme Court, Charles Frederick Remy, George Washington Self, Philip Zoercher, William H. Adams, Mrs. Edward Franklin White, Emma Mary May - 1912 - 864 σελίδες
...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...specified, and besides what has been plainly pronounced, for if the parliament had had that design, it is naturally said they would have expressed it. Dwarris,... | |
 | 1904 - 412 σελίδες
...likewise 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. This has been the language of the courts in every age; and when we consider the constant vehement,... | |
 | 1904 - 1266 σελίδες
...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...upon the common law, further than the case absolutely requires, i Kent's Com. [3d Ed.] 463. This has been the language of the courts in every age. It is... | |
 | Jabez Gridley Sutherland - 1904 - 832 σελίδες
...did not give the United States an appeal in such cases." § 454 (290). Same.— It is not presumed that the legislature intended to make any innovation upon the common law further than the necessity of the case required.14 In other words, statutes in derogation of it, and especially of a... | |
 | Abraham Clark Freeman - 1904 - 1128 σελίδες
...accordance with the principles of the common law, and that the legislature will not be presumed to have intended to make any innovation upon the common law further than the case absolutely requires: Smith v. Laatsch, 273 114 111. 271, 2 NE 59; Mackin v. Haven, 187 111. 480, 58 N". E. 448;... | |
 | Frank Hendrick - 1906 - 604 σελίδες
...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...upon the common law, further than the case absolutely requires. This has been the language of the courts in every age.3 It is said also that four things... | |
 | George Purcell Costigan - 1910 - 810 σελίδες
...reference to the principles of the common law, and it is not to be presumed that the legislature intends to make any innovation upon the common law, further than the case absolutely requires. Cadwallader v. Harris, 76 I11. 370 ; Bank v. McCrea, 106 I11. 281 ; Smith v. Laatsch, 114... | |
 | George Purcell Costigan - 1910 - 874 σελίδες
...reference to the principles of the common law, and it is not to be presumed that the legislature intends to make any innovation upon the common law, further than the case absolutely requires. Cadwallader v. Harris, 76 111. 370 ; Bank v. McCrea, 106 111. 281 ; Smith v. Laatsch, 114... | |
 | Abraham Clark Freeman - 1911 - 1230 σελίδες
...7CG, 5 LRA 667 ; Colorado Milling Co. v. Mitchell, 26 Colo. 284, 58 Pac. 28. It is not to be presumed that the legislature intended to make any innovation...upon the common law further than the case absolutely requires. Such has been the language of the courts in all ages: 1 Kent's Commentaries, 464. This court... | |
 | 1915 - 1082 σελίδες
...Legislature in" tended to make anv innovation upon thn Common "Law further than the case absolutelv required. The " law rather infers that the Act did...specified " and besides what has been* plainly pronounced : for " if the Parliament had that design, it' is naturally " said they would have! expressed it."... | |
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