 | Joseph Chitty - Forms (Law) - 1819 - 544 pages
...qualification, for the language of the pleading is to have a reasonable intendment and construction^);-^ and where an expression is capable *of different meanings, that shall be taken which [ *242 3 will support the declaration, Sec. and not the other, which would defeat it(0But the matter... | |
 | Esek Cowen - Justices of the peace - 1821 - 804 pages
...of pleading, in all courts, is to have a reasonable intendment and construction ; and where a matter is capable of different meanings, that shall be taken which will support the pleading, and not the other, which would defeat it ; and when the meaning either of words or sentences... | |
 | Vermont. Supreme Court - Law reports, digests, etc - 1829 - 526 pages
...contract; and co-extensive with the import and effect of the stipulation in the contract. And if words are capable of different meanings^ that shall be taken which will support the declaration or agreement, and not that which defeats it. — 1 Chit. 242,— I Salk. 325, Nyat vs.... | |
 | Esek Cowen - Justices of the peace - 1841 - 698 pages
...of pleading, in all courts, is to have a reasonable intendment and construction ; and where a matter is capable of different meanings, that shall be taken which will support the pleading, and not the other, which would defeat it; and when the moaning cither of words or sentences... | |
 | Great Britain. Court of Criminal Appeal - Law reports, digests, etc - 1852 - 692 pages
...taken by Lord Holt, in Wgatt v. Aland, Salk. 325 ; where his Lordship observes, " that where a matter is capable of different meanings, that shall be taken which will support the declaration (or agreement), and not the other, which would defeat it." And Lord Ellenborough goes on... | |
 | New York (State) - Civil procedure - 1855 - 802 pages
...for the language of a pleading is to have a reasonable intendment and construction, and when a matter is capable of different meanings, that shall be taken which will support the pleading and not the other which will defeat it. Allen v. PMerton, 3 Seiden, 480. § 160. [137.] (Amended... | |
 | William Blackstone, George Sharswood - Law - 1860 - 778 pages
...have a reasonable intendment and construction, (Com. Dig. Pleader, C. 25;) and if the sense be cloar, mere exceptions ought not to be regarded, (5 East,...construed in such sense as would sustain the verdict. 1 B. & C. 297.— CHITTY. 1 And even then the plaintiff will only lose the benefit of the bail, and the... | |
 | William Blackstone, George Sharswood - Law - 1860 - 780 pages
...language is to have a reasonable intendment and construction, (Com. Dig. Pleader, C. 25;) and if tho sense be clear, mere exceptions ought not to be regarded, (5 East, Л 2!!;) and where an expression is capable of different meanings, that shall be taken which will support... | |
 | William Blackstone, George Sharswood - Great Britain - 1866 - 780 pages
...(Co. Litt. 30, 36;) but the language is to have a reasonable intendment and construction, (Com. Dig. Pleader, C. 25;) and if the sense be clear, mere exceptions...construed in such sense as would sustain the verdict. 1 B. & C. 297.— CHITTY.. 1 And even then the plaintiff will only lose the benefit of the bail, and the... | |
 | William Blackstone, George Sharswood - Law - 1867 - 810 pages
...I« clear, mere exceptions ought not to Ite regarded. 5 East, 529 ; and whrre an expression U capnbU of different meanings, that shall be taken which will...492. 5 East, 257. After verdict, an expression should lie construed in such sense as would sustain the verdict. I B. & C. 297. (3) And even then, the plaintiff... | |
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East, 529;) and where an expression is capable of different meanings, that shall be taken which will support the averment, and not the other which would defeat it. 
