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... Lawyers' Reports Annotated - Página 3421905Visualização integral - Acerca deste livro
| Nevada. Supreme Court - 1867 - 440 páginas
...Legislature is to be resorted to in order to discover their meaning. A thing within the intention is as much within the statute as if it were within the letter ; and a thing within the letter is not within the statute if contrary to the intention of it. 2 341 a 44 4 :»!)... | |
| 1868 - 318 páginas
...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... | |
| 1868 - 322 páginas
...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 páginas
...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 páginas
...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 páginas
...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 páginas
...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 páginas
...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;...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... | |
| Oliver Lorenzo Barbour, New York (State). Supreme Court - 1870 - 722 páginas
...thing which is within the intention of the maker of an instrument is as much within the instrument as if it were within the letter, and a thing which is within the letter of the instrument is not within the instrument, unless it be within the intention of the maker. (Holmes v.... | |
| United States. Supreme Court, Benjamin Robbins Curtis - 1870 - 892 páginas
...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... | |
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