In the construction of a statute or instrument, the office of the judge is simply to ascertain and declare what is in terms or in substance contained therein, not to insert what has been omitted, or to omit what has been inserted; and where there are... The Code of Civil Procedure of the State of New-York - Page 706by New York (State). Commissioners on Practice and Pleadings - 1850 - 791 pagesFull view - About this book
| Guam, John A. Bohn - Civil procedure - 1970 - 466 pages
...[Enacted 1953.] § 1858. Construction of laws and instruments, general rule. In the construction of a law or instrument, the office of the judge is simply to...possible, to be adopted as will give effect to all. [Enacted 1953.] § 1859. The intention of the parties. In the construction of an instrument, the intention... | |
| Law reports, digests, etc - 1888 - 992 pages
...possible. And our Code (section 084) declares another rule quite as important and salutary as follows: "In the construction of a statute or instrument, the...not to insert what has been omitted, or to omit what lias been inserted; and, where there are several provisions or particulars, such construction is, if... | |
| California. Supreme Court - Law reports, digests, etc - 1906 - 846 pages
...in one way, that is to say, by affixing their names. In construing a statute the duty of the court is simply to ascertain and declare what is in terms or in substance declared therein, not to insert what has been omitted, or to omit what has been inserted. (Code Civ.... | |
| Julian Davison, Bruce Granquist - Architecture - 1999 - 1302 pages
...give effect to every part, each clause helping to interpret the other (Civ. Code, § 1641), and that where there are several provisions or particulars,...possible, to be adopted as will give effect to all. Code Civ.Proc. § 1858. In our view of the contract, after the certificate had been in force three... | |
| David Delaney - Law - 2003 - 454 pages
...the provisions of the statutes or Constitution and, in construing same they are denied the authority to insert what has been omitted, or to omit what has been inserted" (559, emphasis in the original, internal citations deleted). The crux of the difficulty was that, "Unless... | |
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