 | Oliver Lorenzo Barbour, New York (State). Supreme Court - 1861 - 722 pages
...against the letter, in order to preserve the intent of the statute; for a thing which is in the letter is not within the statute, unless it be within the intention of the makers. (Smith on Stat. Con. 820, § 701. Bacon's Abr. stat. IT. 15 John. 380. 5 id. 449. 2 Burr. H. 786. 3... | |
 | United States. Congress, Thomas Hart Benton - 1861 - 698 pages
...be collected from a particular provision, or from the general context. Second : A thing which is in the letter of the statute, is not within the statute, unless it be the intention of the makers. With these tests Mr. D. proceeded to an elaborate and technical investigation... | |
 | Nathan Howard (Jr.) - 1862 - 586 pages
...(The People agt. Utica Ins. Co., 15 John., 380.) "A thing which is within the intention of the makers of a statute is as much within the statute as if it...letter : and a thing which is within the letter of a statute is not within the statute, unless it be within the intention of the makers." (Id.) " In construing... | |
 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - 1866 - 724 pages
...construction seems contrary to the letter of the statute. (People v. Utica Ins. Co., 15 Johns., 358.) A thing within the letter of the statute, is not within the...statute, unless it be within the intention of the makers. (Jackson v. Collins, 3 Cow., 89 ; James v. Patten, 2 Seld., 9 ; People v. Draper, 15 NY, 532; The Kingv.... | |
 | 1866 - 570 pages
...prevail over the literal sense of the terms. A thing which is within the object, spirit and meaning of a statute is as much within the statute as if it were within the letter." The dissidence of the catholic or protestant non-resident " is within the object, spirit and meaning... | |
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - 1866 - 716 pages
...against us. Authorities need not be quoted to sustain the familiar axiom, "A thing within the intention, is as much within the statute as if it were within the letter ; and a thing within the letter only, if contrary to the intention, is not within the statute." III. The case of... | |
 | United States. Court of Claims, Audrey Bernhardt - 1957 - 1028 pages
...People v. Utica Ing. Co., 15 Johns. 358, 381, that "a thing which is within the intention of the makers of a statute is as much within the statute as if it...the statute, is not within the statute, unless it is within the intention of the makers." Referring to the bill which became the Internal Revenue Code... | |
 | United States. Court of Claims - 1919 - 740 pages
...determining equal and just compensation for that service. A thing within the intention of the makers of a statute is as much within the statute as if it were within the letter. United States v. Babbit, 1 Black, 55. As the intention of the act of 1873 was to adopt a method of... | |
 | Nevada. Supreme Court - 1867 - 426 pages
...the Legislature is to be resorted to in order to discover their meaning. A thing within the intention is as much within the statute as if it were within the letter ; and a thing within the letter is not within the statute if contrary to the intention of it. Killip ?;. The Empire... | |
 | Nevada. Supreme Court - 1867 - 440 pages
...the Legislature is to be resorted to in order to discover their meaning. A thing within the intention is as much within the statute as if it were within the letter ; and a thing within the letter is not within the statute if contrary to the intention of it. 2 341 a 44 4 :»!)... | |
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It is a familiar canon of construction that a thing which is within the intention of the makers of a statute is as much within the statute as if it were within the letter; and a thing which is within the letter of the statute is not within the statute... 
