 | Samuel Warren - Law - 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...upon the 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... | |
 | New York (State). Supreme Court, John Lansing Wendell - Law reports, digests, etc - 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...upon the common law, further than the case absolutely required. This," says Chancellor Kent, 1 KenCs Comm. 462, " has been the language of the courts in... | |
 | E. Fitch Smith - Constitutional law - 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...upon the 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... | |
 | Georgia. Supreme Court - Equity - 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...upon the 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... | |
 | George Bowyer - Ecclesiastical law - 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...upon the 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,... | |
 | James Kent - Law - 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...upon the 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,... | |
 | Nathan Howard (Jr.) - Civil procedure - 1852 - 546 pages
...construed in reference to the principles of the common law in force at the time of their passage, for it is not to be presumed that the legislature intended to make any innovation upon the common law farther than the case absolutely required (4 Kent. Com. 464, 3d ed.) This 167th section instead of... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - Law reports, digests, etc - 1854 - 650 pages
...been well understood that statutes are to be construed in reference to the common law, and it is never to be presumed that the Legislature intended to make any innovation upon the common law any further than the case absolutely required in order to carry the act into eflect. (1 Kent Co»i.,464;... | |
 | John David CHAMBERS - 1856 - 180 pages
...exposition, statutes are to be construed in reference to the principles of the Common Law. 'For it is not to be presumed that the Legislature intended...upon the 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... | |
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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. 
