 | California. District Courts of Appeal - 1925 - 972 Seiten
...CONSTRUCTION — LEGISLATURE — DUTY OF COURTS.— In the construction of statutes or written instruments, "the office of the judge is simply to ascertain and declare what is in terms or substance contained therein, not to insert what has been omitted or to omit what has been inserted,"... | |
 | 1926 - 552 Seiten
...interpretation." 18 Cal. Code Civ. Proc. § 1858. "Construction of Statutes and instruments, general rule. In the construction of a statute or instrument the...has been omitted, or to omit what has been inserted, . . . ." Spreckels v. Graham (1924) 194 Cal. 516, 535, 228 Pac. 1040. In In re Okahara (1923) 191 Cal.... | |
 | John Burnett Rosson - 1926 - 108 Seiten
...interpretation." 13 Cal. Code Civ. Proc. § 1858. "Construction of Statutes and instruments, general rule. In the construction of a statute or instrument the...has been omitted, or to omit what has been inserted, . . . ." Spreckels v. Graham (1924) 194 Cal. 516, 535, 228 Pac. 1040. In In re Okahara (1923) 191 Cal.... | |
 | 1926 - 1636 Seiten
...contained in them. Section 715, Or. Laws, directs that the courts, in the construction of statutes, are "simply to ascertain and declare what is, in terms...contained therein, not to insert what has been omitted, nor to omit what has been inserted." We ought never to import into a statute words which are not to... | |
 | 1909 - 942 Seiten
...universally accepted by common-law courts, and which in this state has been made a part of our code law. "In the construction of a statute or instrument the...provisions or particulars, such a construction is, ('/ possible, to be adopted as will give effect to all." (Code Civ. Proc., sec. 1858.) This rule requires... | |
 | 1913 - 976 Seiten
...court erred in its construction of the ordinance. Section 1858 of the Code of Civil Procedure provides: "In the construction of a statute or instrument, the...been omitted, or to omit what has been inserted." We think that the terms of the ordinance are plain and unambiguous. Its literal interpretation, to... | |
 | 1922 - 948 Seiten
...provided by section 1858 of the Code of Civil Procedure, when construing contracts of such character, "the office of the judge is simply to ascertain and...contained therein, not to insert what has been omitted." Including the automobile was clearly doing that which the judge is prohibited from doing by the provisions... | |
 | 1912 - 968 Seiten
...construed as we are told by section 1858 of the Code of Civil Procedure it must be construed (ie, that "the office of the judge is simply to ascertain and...what is in terms or in substance contained therein"), will show that the section deals only and solely with contractual relations, and is intended to define... | |
 | 1925 - 960 Seiten
...written instruments, "the office of the judge is simply to ascertain and declare what is in forms or substance contained therein, not to insert what has been omitted or to omit what has been inserted," which means that it is not within the legitimate function of courts to legislate or to make contracts... | |
 | Guam, John A. Bohn - 1970 - 466 Seiten
...[Enacted 1953.] § 1858. Construction of laws and instruments, general rule. In the construction of a law or instrument, the office of the judge is simply to...possible, to be adopted as will give effect to all. [Enacted 1953.] § 1859. The intention of the parties. In the construction of an instrument, the intention... | |
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In the construction of a statute or instrument, the office of the judge is simply to ascertain and declare what is in terms or in substance contained therein, not to insert what has been omitted, or to omit what has been inserted; and where there are... 
