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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... "
Report from the Secretary of State, with Accompanying Papers, Relating to ... - Page 118
by United States Court of Commissioners of - 1877 - 168 pages
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Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Volume 4

United States. Supreme Court - 1819 - 816 pages
...as to exclude it, or it would have been made a special exception. The OF THE UNITED STATES. 645 ease being within the words of the rule, must be within...in the literal construction so obviously absurd, or mis- College chievous, or repugnant to the general spirit of the Woodward, instrument, as to justify...
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The Writings of John Marshall, Late Chief Justice of the United States, Upon ...

John Marshall - 1839 - 762 pages
...language would have been so varied as to exclude it, or it would have been made a special exception. The case, being within the words of the rule, must...expound the constitution in making it an exception. On what safe and intelligible ground can this exception stand ? There is no expression in the constitution,...
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Commentaries on Statute and Constitutional Law and Statutory and ...

E. Fitch Smith - 1848 - 1004 pages
...language would have been so varied, as to exclude it, or it would have been made a special exception. The case being within the words of the rule, must...expound the constitution in making it an exception. On what safe and intelligible ground can this exception stand 1 There is no expression in the constitution,...
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Commentaries on the Jurisdiction, Practice, and Peculiar ..., Volume 1

George Ticknor Curtis - 1854 - 674 pages
...language would have been so varied, as to exclude it, or it would have been made a special exception. The case being within the words of the rule, must...expound the Constitution in making it an exception. " On what safe and intelligible ground can this exception stand ? There is no expression in the Constitution,...
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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,...expound the constitution in making it an exception." (d) Green ». Diddle, 8 Wheat. 1 ; Hawkins i). Barney, 5 Pet. 457. A contract of a State with an individual,...
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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 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
...latter. The rule laid down by Chief- Justice Marshall in the Dartmouth College case (4 Wheaton, G45) finds here a fitting illustration: "The case being...expound the Constitution in making it an exception." Construing the present statute on this principle, we must alio«" these claims unless there be some...
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The Southern Law Review: And Chart of the Southern Law and ..., Volume 3

1877 - 980 pages
...affect " contract*;' "which respect property or some object of value," etc. Marshall further says: "The case being within the words of the rule, must...expound the constitution in making it an exception." Placing these passages side those already quoted, but one construction can be it upon them. His canon...
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The Federal Reporter: Cases Argued and Determined in the ..., Volumes 13-14

1882 - 1916 pages
...rule when established, unless some plain and strong reason for excluding it can be given." And again: "The case being within the words of the rule, must...expound the constitution in making it an exception." 4 Wheat. 644. Following that authority, we cannot adopt the narrow view for which counsel contend,...
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Reports of Cases Decided in the Circuit and District Courts of the ..., Volume 8

Lorenzo Smith Boswell Sawyer, United States. Circuit Court (9th Circuit) - 1883 - 730 pages
...rule when established, unless some plain and strong reason for excluding it can be given;" and again: "The case being within the words of the rule, must...expound the Constitution in making it an exception." (4 Wheat. 644.) Following that authority, we can not adopt the narrow view for which counsel contend,...
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