| 1919 - 1826 páginas
...or liability asserted by or against her shall have accrued before or after the passage of this act." Statutes in derogation of the common law are to be strictly construed, and I am unwilling, upon such language as is contained in the foregoing statute, to obliterate the... | |
| 1916 - 378 páginas
...section does change the common law in the particular mentioned above. It is a well known principle of law that statutes in derogation of the common law are to be strictly construed9. The section in question makes no express mention of the change in the common law which... | |
| Illinois - 1917 - 880 páginas
...ACT.] This Act may be cited as the Uniform Limited Partnership Act. § 28. RULES OF CONSTRUCTION.] (1) The rule that statutes in derogation of the common law are to be strictly construed shall have no application to this Act. (2) This Act shall be so interpreted and construed as to effect... | |
| Guido Calabresi - 1982 - 336 páginas
...Dangerous Branch: The Supreme Court at the Bar of Politics (1962), and Chap. Ill, text at notes 6-8. That "statutes in derogation of the common law are to be strictly construed," and that "statutory repeal by implication is disfavored," are other examples of court imposed "clear... | |
| S. E. Thorne - 1984 - 290 páginas
...means of escape from the dilemma of the Bolognese barber. If it be accepted in theory, the accepted rule that statutes in derogation of the common law are to be strictly construed no longer stands without exception. It was possible, however, to preserve both the old rule and the... | |
| 1910 - 1232 páginas
...section to railroad corporations proper, the court does not even have to call to its aid the general rule that statutes In derogation of the common law are to be strictly construed, though this In itself would be sufficient, perhaps; but such limitation upon the use of that section... | |
| Robert A. Katzmann - 2010 - 226 páginas
...construction is unnecessary; penal statutes are to be construed narrowly, but remedial statutes broadly; statutes in derogation of the common law are to be strictly construed; the expression of one thing is the exclusion of another; repeals by implication are disfavored; and... | |
| 1887 - 1072 páginas
...reason as of the authorities, at page 274 says: "It would appear, therefore, that the doctrine that the statutes in derogation of the common law are to be strictly construed, has now no foundation in our jurisprudence." The same author defines a remedial act to be one of those... | |
| California. Supreme Court - 1906 - 800 páginas
...restitution of the real estate in complaint mentioned. Forfeitures are not favored by the common law, and statutes in derogation of the common law are to be strictly construed. Opinion of the Court — Temple, J. have paid all the rent which may ultimately be shown to have been... | |
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