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" The rule of the common law, that statutes in derogation! thereof are to be strictly construed, has no application to this code. The code establishes the law of this state respecting the subjects to. which it relates, and its provisions are to be liberally... "
The Law Magazine: Or, Quarterly Review of Jurisprudence - Page 166
1851
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First[-Fourth] Report of the Commissioners on Practice and Pleadings ...

New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1848 - 904 pages
...be strictly construed, has no application to the Code of Procedure. That code establishes the common law of this state, respecting the subjects to which it relates, and its provisions respecting civil actions, and all proceedings under those provisions, are to be liberally construed,...
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Acts of the General Assembly of the Commonwealth of Kentucky, Passed, Volume 1

Kentucky - Law - 1851 - 548 pages
...738. "Writ" is an order or precept in writing, issued by a court, clerk, or judicial officer. § 739. The rule of the common law that statutes in derogation thereof are to be strictly construed, shall not be applied to this code. The provisions of this code, and all proceedings under it, shall...
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Acts Passed at the ... Session of the General Assembly for the Commonwealth ...

Kentucky - Session laws - 1851 - 544 pages
...738. "Writ" is an order or precept in writing, issued by a court, clerk, or judicial officer. § 739. The rule of the common law that statutes in derogation thereof are to be strictly construed, shall not be applied to this code. The provisions of this code, and all proceedings under it, shall...
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Laws, Joint Resolutions, and Memorials Passed at the Regular Session of the ...

Nebraska - Session laws - 1859 - 464 pages
...SEC. 1. This act shall be known as the Code of Civil Procedure of the Territory of Nebraska. § 2. The rule of the common law, that statutes in derogation...strictly construed, has no application to this Code. Its provisions, and all proceedings under it, shall be liberally construed, with a view to promote...
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Session Laws

North Dakota - Session laws - 1862 - 640 pages
...Territory of Dakota. SECT. 2. The rule of the common law, that statutes in der- ^Jfonf C<t' ogation thereof, are to be strictly construed, has no application to this code. Its provisions, and all proceedings under it, shall be liberally construed, with a view to promote...
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Albany Law Journal, Volume 32

Law - 1886 - 546 pages
...one which our courts do not seem to be aware of, or at all events, are constantly violating, namely: "The rule of the common law, that statutes in derogation...strictly construed, has no application to this Code." If our judges do not wake up to this pretty soon we shall send them marked copies of this paragraph....
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Albany Law Journal, Volume 40

Law - 1890 - 542 pages
...and they are to be liberally construed, with a view to effect its objects, and promote justice — the rule of the common law, that statutes in derogation thereof are to be strictly construed, having been abolished here; but, where the code it silent, the common law governs." So here, where...
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Revised Laws of the State of California: In Four Codes : Political, Civil ...

California - California - 1872 - 832 pages
...of the '.'olitical Cede. SEC. 3. No part of it is retroactive unless expressly so declared. SEC. 4. The rule of the common law that statutes in derogation...Code establishes the law of this State respecting i]lc subjects to which it relates, • * * • and its provisions qi\>J 1jir •proceedings under it...
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The Code of Civil Procedure of the State of California, Volume 2

California - Civil procedure - 1872 - 698 pages
...keep them confined in their own inclosures does not prevail. — Waters vs. Moss, 12 Cal., p. 538. The rule of the common law that statutes in derogation...strictly construed, has no application to this Code. — See Sec. 4, anto, and note. In N orris vs. Harris, 15 Cal., p. 252, the Court said: " There is...
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The Code of Civil Procedure of the State of Ohio: With the Subsequent ...

Ohio, George E. Seney - Civil procedure - 1874 - 896 pages
...act shall be known as the Code of Civil Procedure of the State of Ohio. SEC. 2. RULE OF CONSTRUCTION. The rule of the common law, that statutes in derogation'...strictly construed, has no application to this Code. Its provisions, and all proceedings under it, shall be liberally construed, with a view to promote...
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