 | 1835 - 520 էջ
...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... | |
 | Arkansas. Supreme Court - 1841 - 662 էջ
...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... | |
 | Samuel Warren - 1845 - 1174 էջ
...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,... | |
 | New York (State). Supreme Court, John Lansing Wendell - 1846 - 722 էջ
...intent of the parties to the marriage contract. It is a leading rule of interpretation of statutes, that they are to be construed in reference to the principles...common law, further than the case absolutely required. This," says Chancellor Kent, 1 KenCs Comm. 462, " has been the language of the courts in every age."... | |
 | E. Fitch Smith - 1848 - 1004 էջ
...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,... | |
 | E. Fitch Smith - 1848 - 1040 էջ
...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,... | |
 | Tennessee. Supreme Court, West Hughes Humphreys - 1850 - 862 էջ
...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,... | |
 | James Kent - 1851 - 706 էջ
...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...common 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... | |
 | George Bowyer - 1851 - 218 էջ
...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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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. 
