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... The American Law Register - Stran 2111855Celotni ogled - O knjigi
| Oliver Lorenzo Barbour - 1868 - 732 strani
...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... | |
| 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 strani
...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 statute, 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... | |
| Florida. Supreme Court - 1869 - 744 strani
...statute as if it were within the letter, ( Plowden, 366) and a thing which is within the letter of the statute is not within the statute unless it be within the intention of the makers. Plow., 18. The construction of no other statute has afforded more ample illustration of the propriety... | |
| 1888 - 556 strani
...snob intent are not within the letter. Hence in construing statutes it has frequently been held that a thing which is within the letter of a statute is not within the statute unless it be within the intent of the law-makers. People v. Insurance Co., 15 Johns. 358; Jackson v. Collins, 3 Cow. 89; Railway... | |
| United States. Supreme Court, Benjamin Robbins Curtis - 1870 - 892 strani
...from assignees of 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... | |
| 1890 - 542 strani
...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 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... | |
| 1885 - 544 strani
...upon the bond. It is a rule peculiarly applicable to the construction of penal statutes, that a thing within the letter of a statute is not within the statute unless within the intention thereof; and so too in the construction of remedial statutes, it is generally... | |
| Nebraska. Supreme Court - 1871 - 534 strani
...ab. til. Statute ( I ) 15 John. 386, per Ch. J. THOMPSON. A thing which is within the letter of the statute, is not within the statute, unless it be within the intention of the makers." The same rule was applied in the case of The Mayor, drc. of New York v. Lord, 18 Wendell, 131. The... | |
| Bombay (India). High Court of Judicature, Bombay (Presidency). Supreme Court - 1872 - 776 strani
...resemblance to decrees, is not a sufficient reason for giving to it in this case so wide an extension. " A thing which is within the letter of a statute is not within the statute, unless it bo within the intention of the makers" (Bac. Abr. VII., 458*); and that intention can be gathered more... | |
| Ohio. Supreme Court - 1873 - 500 strani
...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 unless it be within the intention of the makers, and such construction ought to be put upon it as does not suffer it to be eluded." People v. The Utica... | |
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