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" For it is not to be presumed that the Legislature intended to make any innovation upon the Common Law further than the case absolutely required. "
Reports of Cases Argued and Determined in the Supreme Court of Judicature ... - Página 360
de New York (State). Supreme Court, John Lansing Wendell - 1846
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The American Jurist and Law Magazine, Volume 13

1835 - 520 páginas
...equity of the act of 1789, they may obtain the actual possession by a peaceable entry without action. For it is not to be presumed that the legislature intended to compel the executor or administrator to institute an action at law, when the fruits of it might be...
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Reports of Cases Argued and Determined in the Supreme Court of the ..., Volume 2

Arkansas. Supreme Court - 1841 - 662 páginas
...statute intend to give? Fourth, the true reason of the remedy. Further, as a rule of exposition, statutes are to be construed in reference to the principles of the common law. For the law rather infers that the act did not intend to make any alteration in the common law, other than...
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Queen's Bench Reports, Volume 12

Great Britain. Court of King's Bench, John Leycester Adolphus, Great Britain. Court of Queen's Bench, Thomas Flower Ellis - 1843 - 1170 páginas
...action upon a bill or note: Mondel v. Stceie(b). The act must be interpreted accordingly. " Statutes are to be construed in reference to the principles...common law, further than the case absolutely required;" Dwarris On Statutes, 564, 2d ed. (a) 5 Com. B. 934. (4) 8 M. J- II'. C4O. 6-13. J. Greenwood, contra....
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A Popular and Practical Introduction to Law Studies: And to Every Department ...

Samuel Warren - 1845 - 1174 páginas
...the statutes of the realm, is vested in the Courts of Common Law, and governed by its principles.* It is not to be presumed that the legislature intended...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,...
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Reports of Cases in Law and Equity, Argued and Determined in the ..., Volume 4

Georgia. Supreme Court - 1848 - 702 páginas
...favor the policy. But it is not doubtful. In construing Statutes, the Common Law is to be considered. They are to be construed in reference to the principles...Common Law, further than the case absolutely required. 1 Kent, 463. With such views of the Act of 1S42, and guided by the usual rules of statutory construction,...
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Commentaries on Statute and Constitutional Law and Statutory and ...

E. Fitch Smith - 1848 - 1004 páginas
...lock and key that sets open the windows of the statute.(rf) Further, as a rule of exposition, statutes are to be construed in reference to the principles...common law, further than the case absolutely required. The law rather infers that the act did not intend to make any alteration, ot/tcr than what is specified,...
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Commentaries on Statute and Constitutional Law and Statutory and ...

E. Fitch Smith - 1848 - 1040 páginas
...statute.(rf) Further, as a rule of exposition, statutes are to be construed in reference to the jninciples of the common law. For it is not to be presumed that...common law, further than the case absolutely required. The law rather infers that the act did not intend to make any alteration, otiier than what is specified,...
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Reports of Cases Argued and Determined in the Supreme Court of Tennessee ...

Tennessee. Supreme Court, West Hughes Humphreys - 1850 - 862 páginas
...this country, as part of their "birthright and inheritance." For we apprehend, the rule, that statutes are to be construed in reference to the principles of the common law, is alike applicable to a provision of the constitution, or fundamental law, and for the same reason,...
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Commentaries on American Law, Volume 1

James Kent - 1851 - 706 páginas
...Quando lex aliquid concedit, concedere videtur ct id, per quod devenitur ad illud. Statutes are likewise to be construed in reference to the principles of...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 and...
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Readings Delivered Before the Honourable Society of the Middle Temple, in ...

George Bowyer - 1851 - 218 páginas
...affirmative of the Common Law ; 2 Inst. 301 ; 3 Co. Rep. 31. And we have already seen that statutes are to be construed in reference to the principles of the Common Law, as was held in Stowell v. Zouch, Plowd. 365. And the reason of the Law should be known for the purpose...
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