 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 and all proceedings...  The Pacific Reporter - Page 1251924Full view - About this book
 | New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1850 - 898 pages
...part, — that relating to evidence. From the introduction of that part, Mr. Graham dissents. § 3. The rule of the common law, that statutes in derogation...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... | |
 | New York (State). - Civil procedure - 1850 - 920 pages
...part, — that relating to evidence. From the introduction of that part, Mr. Graham dissents. § 3. e rule of the common law, that statutes in derogation...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... | |
 | Law - 1851 - 520 pages
...change is well shown in the two following comprehensive sections of the "preliminary provisions." " The rule of the common law, that statutes in derogation...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;... | |
 | 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... | |
 | 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... | |
 | 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...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... | |
 | 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...are to be 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... | |
 | 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... | |
 | California, Creed Haymond, John Chilton Burch, John H. McKune - California - 1872 - 650 pages
...Limitations shall continue to run. 3. No part of it is retroactive, unless expressly so declared. 4. The rule of the common law 'that statutes in derogation...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,... | |
 | 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...are to be 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:... | |
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