How this document has been cited
A thing within the letter of a statute is not within the statute, unless it be within the intention of the makers
- in Reports of Cases Argued and Determined in the Superior Court of the City of … and 3 similar citations
Term, 13 ALABAMA REPORTS. sold under execution, are sequestered for the The intention of the legislature must govern, although it may seem contrary to the letter of the act; but in this case, no violence is done to the words of the act by such a construction, and it is in unison with the legislative intent.
- in Reports of Cases Argued and Determined in the Supreme Court of Alabama and 2 similar citations
A mere change of phraseology in a revision of the statute will not be deemed to alter the law, unless it evidently appears that such was the intention of the legislature.
- in Reports of Cases at Law and in Chancery Argued and Determined in the Supreme … and 2 similar citations
In whichever of these ways it can be discovered, it should be followed with reason and discretion in the construction of the statute, though contrary to the letter.
- in Reports of Cases Argued and Determined in the Supreme Court of the State of … and 2 similar citations
"But it is contended that the authority of the deputy ceased when the new sheriff had taken the office upon him. In my opinion, the authority of the deputy is limited by the duration of the authority of his principal. An execution against the property of a defendant, partly executed by the old sheriff, shall be completed by him. And in relation to any such execution in the sheriff's …
- in The American Decisions: Containing All the Cases of General Value and … and one similar citation
The statute which declares "That no corporation shall hereafter interpose the defense of usury in any action," has no application in this case, and therefore the court below should. have overruled each of the appellee's demurrers to the appellant's special pleas.
- in Reports of Cases at Common Law and in Chancery Argued and Determined in the … and one similar citation
Although the court of CP erred in excluding the defence when offered, the judgment in the first suit, until reversed, is a bar to the subsequent suit. 7 TR 269. 1 Johns. C. 136. 8 Johns
- in Reports of Cases Argued and Determined in the Supreme Court of Judicature … and one similar citation
—of a bond to indemnify a single debtor against the payment of a note signed by him, &c.; held that the indemnity operated as a release, to avoid circuity of action.
- in Reports of Cases in Law and Equity in the Supreme Court of the State of New York and one similar citation
The doctrine is too well settled to be now controverted, that an officer may, after the expiration of his term of office, do any act necessary to complete his duty in regard to his unfinished official business.
One claiming under a subsequent deed from a judgment debtor, has not such an adverse possession as will avoid a conveyance executed by a purchaser under an execution upon the judgment
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