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" The case being within the words of the rule, must be within its operation likewise, unless there be something in the literal construction so obviously absurd, or mischievous, or repugnant to the general spirit of the instrument, as to justify those who... "
Opinions Delivered in the Insular Tariff Cases in the Supreme Court of the ... - Page 143
by United States. Supreme Court - 1901 - 184 pages
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The Writings of John Marshall, Late Chief Justice of the United States, Upon ...

John Marshall - 1839 - 762 pages
...being within the words of the rule, must be within its operation likewise, unless there be something in the literal construction so obviously absurd, or...as to justify those who expound the constitution in making it an exception. On what safe and intelligible ground can this exception stand ? There is no...
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Commentaries on Statute and Constitutional Law and Statutory and ...

E. Fitch Smith - 1848 - 1004 pages
...being within the words of the rule, must be within its operation likewise, unless there be something in the literal construction so obviously absurd, or...as to justify those who expound the constitution in making it an exception. On what safe and intelligible ground can this exception stand 1 There is no...
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Commentaries on the Jurisdiction, Practice, and Peculiar ..., Volume 1

George Ticknor Curtis - 1854 - 674 pages
...being within the words of the rule, must be within its operation likewise, unless there be something in the literal construction so obviously absurd, or...as to justify those who expound the Constitution in making it an exception. " On what safe and intelligible ground can this exception stand ? There is...
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The Law of Contracts, Volume 3

Theophilus Parsons - 1866 - 810 pages
...within the words of tho rule, must bo within its operation likewise, unless there be something in tho literal construction so obviously absurd, or mischievous,...as to justify those who expound the constitution in making it an exception." (d) Green ». Diddle, 8 Wheat. 1 ; Hawkins i). Barney, 5 Pet. 457. A contract...
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Outlook and Independent, Volume 68

1901 - 1022 pages
...States, they may amend the Constitution, but that those who expound the Constitution could do nothing " so obviously absurd or mischievous or repugnant to the general spirit of the instrument " as to give it " a construction not warranted by its words." In reply to the political argument that the framers...
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The Southern Law Review: And Chart of the Southern Law and ..., Volume 3

1877 - 980 pages
...being within the words of the rule, must be within its operation likewise, unless there be something in the literal construction so obviously absurd, or...as to justify those who expound the constitution in making it an exception." Placing these passages side those already quoted, but one construction can...
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The Executive Documents

the executive documents printed by order of the senate of the united states for the second session of the forty-fourth congress, 1876 and '77, and the special session of the senate, march, 1877 - 1877 - 1070 pages
...being within the words of the rule, must be within its operation likewise, unless there be something in the literal construction so obviously absurd or...as to justify those who expound the Constitution in making it an exception." Construing the present statute on this principle, we must alio«" these claims...
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Report from the Secretary of State, with Accompanying Papers, Relating to ...

United States Court of Commissioners of - 1877 - 164 pages
...being within the words of the rule, must be within its operation likewise, unless there be something in the literal construction so obviously absurd or...as to justify those who expound the Constitution in making it an exception. 77 Construing the present statute on this principle, we must allow these claims...
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The Federal Reporter: Cases Argued and Determined in the ..., Volumes 13-14

1882 - 1916 pages
...being within the words of the rule, must be within its operation likewise, unless there be something in the literal construction so obviously absurd or...as to justify those who expound the constitution in making it an exception." 4 Wheat. 644. Following that authority, we cannot adopt the narrow view for...
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The Taxation of Property of Railroad Companies in California as Affected by ...

United States. Circuit Court (9th Circuit) - 1883 - 106 pages
...being within the words of the rule, must be within its operation likewise, unless there be something in the literal construction so obviously absurd or...as to justify those who expound the Constitution in making it an exception." (4 Wheat., 494.) All history shows that a particular grievance suffered by...
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