 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 3421888Full view - About this book
 | 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,... | |
 | 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...subjects to which it relates ; and its provisions, and all proceedings under it, are to be liberally construed, with a view to promote its objects, and... | |
 | 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...subjects to which it relates ; and its provisions, and all proceedings under it, are to be liberally construed, with a view to promote its objects, and... | |
 | 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...the subjects to which it relates; and its provisions and all proceedings under it, are to be liberally construed, with a view to promote its objects, and... | |
 | 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...strictly construed, has no application to this Code. Its provisions, and all proceedings under it, shall be liberally construed, with a view to promote... | |
 | 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... | |
 | 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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