 This statute is in derogation of the common law, therefore it is not to be extended by implication or construction. "As a rule of exposition, statutes are to be construed in reference to the principles of the common law ; for it is not to be presumed...  Wisconsin Reports - Page 324by Wisconsin. Supreme Court, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold, Arnold LeBell - 1897Full view - About this book
 | Ireland. Court of King's Bench - 1843 - 660 pages
...true reason of the remedy." — Dwar. on Stat. 694, 695. The law rather infers, that the Legislature did not intend to make any alteration other than what...specified, and besides what has been plainly pronounced. If the Parliament had had that design, it is naturally said, they [would have expressed it; and the... | |
 | Arkansas. Supreme Court - 1841 - 662 pages
...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 that what is specified. See Dwarris on Statutes, is. Law Library, construction... | |
 | Samuel Warren - 1845 - 1174 pages
...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...specified, and besides what has been plainly pronounced : for if the Parliament had had that design, it is naturally said, that they would have expressed it.f... | |
 | New York (State). Supreme Court, John Lansing Wendell - 1846 - 722 pages
...of statutes, that they are to be construed in reference to the principles of the common law ; for it is not to be presumed that the legislature intended...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 - 1040 pages
...of exposition, statutes are to be construed in reference to the jninciples of the common law. For it is not to be presumed that the legislature intended...that the act did not intend to make any alteration, otiier than what is specified, and besides what has been plainly pronounced ; for if the legislature... | |
 | Georgia. Supreme Court - 1848 - 702 pages
...to be considered. They are to be construed in reference to the principles of the Common Law ; for it is not to be presumed that the Legislature intended...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,... | |
 | James Kent - 1851 - 706 pages
...illud. Statutes are likewise to be construed in reference to the principles of the common law ; for it is not to be presumed that the legislature intended...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 pages
...— " Statutes are likewise to be construed in reference to the principles of the Common Law, for it is not to be presumed that the legislature intended...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,... | |
 | Nathan Howard (Jr.) - 1852 - 496 pages
...562,) and the same author says, " it is not to be presumed that the Legislature intended to make an innovation upon the common law further than the case...specified and besides what has been plainly pronounced ; for if the Parliament had had that design, it is naturally said they would have expressed it. (Dwar.... | |
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