| New Jersey. Court of Chancery - Law reports, digests, etc - 1885 - 678 pages
...frauds, it has been repeatedly adjudged that the act should receive a liberal construction. " It should be so construed as most effectually to meet the beneficial...in view, and to prevent a failure of the remedy." Potter's Dwar. on Stat. 73, 231, approved by our court of errors, in Randolph v. Lamed, 12 CE &r. 557,... | |
| New Jersey. Court of Chancery - Law reports, digests, etc - 1877 - 748 pages
...should receive a liberal construction. In the language of the books it should be so construed a* moft effectually to meet the beneficial end in view, and to prevent a failure of the remedy ; or. as elsewhere stated, " everything is to be done in advancement of the remedy. that can be given... | |
| Herbert Broom - Legal maxims - 1845 - 544 pages
...it effect, whatever may be their opinion of its wisdom or policy (n). A remedial act, for instance, shall be so construed as most effectually to meet...in view ; and, to prevent a failure of the remedy, it shall be construed liberally, and shall receive an equitable, or rather a benignant, interpretation.... | |
| Arkansas. Supreme Court - Law reports, digests, etc - 1876 - 650 pages
...gathered from the occasion and necessity of the law and the designed remedy. It Mahar vs. The State. is to be so construed as most effectually to meet the beneficial end in view. It is to be construed liberally in contradistinction from a mere verbal construction — largely and... | |
| Indiana. Supreme Court, Isaac Newton Blackford - Law reports, digests, etc - 1847 - 688 pages
...in it as might be sold on execution. The statute, being remedial, should receive such a construction as most effectually to meet the beneficial end in view, and to prevent a failure of the remedy. The 3d art. of the chap, referred to, giving a lien on boats, Ma7 Term, &c., does not embrace such... | |
| E. Fitch Smith - Constitutional law - 1848 - 1004 pages
...ambiguous words—to determine the design when imperfectly expressed. § 547. A remedial act should be so construed as most effectually to meet the beneficial...end in view, and to prevent a failure of the remedy, and as a general rule a remedial statute ought to be construed liberally. Receiving an equitable, or... | |
| Florida. Supreme Court - Law reports, digests, etc - 1848 - 786 pages
...was no room for construction. It is said that the act of 1836 is remedial, and should be construed most effectually to meet the beneficial end in view, and to prevent a failure of the remedy. It appears to the court to be restraining and prohibitory. What was before a writ of right, is no longer... | |
| New York (State). Court of Chancery, Oliver Lorenzo Barbour - Equity - 1848 - 726 pages
...which the general statute might occasion the owners of land taken for the construction of the road. As a general rule, a remedial statute ought to be construed liberally, giving it an equitable or rather a benignant interpretation. The letter of the act will be sometimes... | |
| United States. Supreme Court - Law reports, digests, etc - 1850 - 684 pages
...which the letter of the act is sometimes enlarged and sometimes restrained, so as more effectfully to meet the beneficial end in view, and to prevent a failure of the remedy. The intention of the Legislature is to be deduced from a view of the whole, and the real intention... | |
| Georgia. Supreme Court - Equity - 1854 - 862 pages
...ought to be expounded, not according to the letter, but to the meaning." (Dwarris on Statutes, 690.) " A remedial Act shall be so construed as most effectually...in view, and to prevent a failure of the remedy." (Ibid, TUB.) Let the judgment be reversed. No. 46. — JOB ROGERS plaintiff in error vs. ROBERT ATKINSON,... | |
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