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" All laws should receive a sensible construction. General terms should be so limited in their application as not to lead to injustice, oppression, or an absurd consequence. It will always, therefore, be presumed that the legislature intended exceptions... "
The Northwestern Reporter - Страница 42
1915
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United States Reports: Cases Adjudged in the Supreme Court at ..., Том 464

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1986 - 996 страници
...interpretation of the statute, the error of its analysis is patent. It is a hornbook proposition that "[a]ll laws should receive a sensible construction....prevail over its letter." United States v. Kirby, 7 Wall. 482, 486-487 (1869). See also Helvering v. Hammel, 311 US 504, 510 (1941); United States v....

United States Reports: Cases Argued and Adjudged in the Supreme Court ..., Том 7

United States. Supreme Court - 1869 - 802 страници
...arrest and detention when accused of felony, in the forms prescribed by the Constitution and laws. 5. All laws should receive a sensible construction. General...to injustice, oppression, or an absurd consequence, and it will always be presumed that the legislature intended exceptions to its language, which would...

United States Reports: Cases Adjudged in the Supreme Court, Том 74

United States. Supreme Court - 1870 - 800 страници
...arrest and detention when accused of felony, in the forms prescribed by the Constitution and laws. 6. All laws should receive a sensible construction. General...to injustice, oppression, or an absurd consequence, and it will always be presumed that the legislature intended exceptions to its language, which would...

The Central Law Journal, Том 92

1921 - 510 страници
...punished or endamaged." In the United States v. Kirby, 7 Wall. 482, 486 (19 L. Ed. 278), this court said: "All laws should receive a sensible construction....law in such cases should prevail over its letter. The common sense of the man approves the judgment mentioned by Putfendorf, that the Bolognian law,...

Weekly Notes of Cases Argued and Determined in the Supreme Court of ..., Том 38

1896 - 644 страници
...Bolognian law which enacted "that whoever drew blood in the streets should be punished with the and general terms should be so limited in their application...oppression, or an absurd consequence. It will always be presumed that the Legislature intended exceptions to its language, which would avoid results of...

Wisconsin Reports: Cases Determined in the Supreme Court of Wisconsin, Том 40

Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frderick C. Seibold - 1877 - 764 страници
...96; Henry v. Tilson, 17 Vt., 479: People v. Admire, 39 111., 251; U. £ v. The Hunter, Pet. CC, 10. General terms should be so limited in their application...to injustice, oppression, or an absurd consequence. US v. Kirby, 1 "Wall., 482. Moreover, if a literal construction be put upon this act, it is not only...

Reports of Cases Determined in the Circuit Court of the United States for ...

United States. Circuit Court (1st Circuit), William Henry Clifford - 1878 - 766 страници
...special and explicit provisions of the act. United States v. Coombs, Day r. Buffinton. 12 Pet. 72. " General terms should be so limited in their application...language, which would avoid results of this character." United States v. Kirby, 1 Wall. 486. John C. Mopes, for the defendant. By § 8 of the first article...

The Federal Reporter, Том 8

1881 - 956 страници
...the legislature to create or provide." The supreme court, in US v. Kirby, 1 Wall. 482, 48(5, says : "All laws should receive a sensible construction....law, in such cases, should prevail over its letter." Again, in French v. Edwards, 13 Wall. 506, 511, it says: '•There are, undoubtedly, many statutory...

The Federal Reporter: Cases Argued and Determined in the ..., Томове 63–64

1895 - 2084 страници
...avoid an unjust or an absurd conclusion. 'General terms,' sai,d the supreme court, in a case before it, 'should be so limited in their application as not...law, in such cases, should prevail over its letter.' US v. Kirby, 7 Wall. 482. So the judges of England construed the law which enacted that a prisoner...

The Federal Reporter: Cases Argued and Determined in the ..., Томове 19–20

1884 - 1912 страници
...the words." Id. 587. See Donaldson v. Wood, 22 Wend. 399 ; Lake Shore Ry. Co. v. Roach, 80 NY 339. "All laws should receive a sensible construction....legislature intended exceptions to its language which would aiwid re. sidts of this character. The reason of the law in such cases should prevail over the letter."...




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