- 758 pages
- Reports of Cases Determined in the Supreme Court of the Territory of New Mexico, Vol. 6
- Charles H Gildersleeve
- 19 April 2017 Charles H Gildersleeve
Excerpt From Reports Of Cases Determined In The Supreme Court Of The Territory Of New Mexico, Vol 6 From July 24, 1891, To August 24, 1892Well As That Pertaining To Attachment Proceedings, Was Adopted Substantially From The Statutes Of The State Of Missouri By The Legislature Of The Territory, And It Is A Well Recognized Principle That Thereby The Legislature Adopted The Judicial Construction That Had Been Given To It In That State At The Time Of Its Adoption The Supreme Court Of The United States Says That This Is A Received Canon Of Construction Fully Acquiesced In By That Court That, Where English Statutes Such, For Instance, As The Statute Of Frauds And The Statutes Of Limitations Have Been Adopted Into Our Own Legisla Tion, The Known And Settled Construction Of The Statutes By Courts Of Law Has Been Considered As Silently Incor Porated Into The Acts, Or Has Been Received With All The Weight Of Authority Mcdonald V Hovey, 110 U S 619 Pennock V Dialogue, 2 Pet 1 In Alabama It Was Held That The Legislature In That State In Adopting The Code Must Be Presumed To Have Known The Judicial Construction Which Had Been Placed Upon The Former Statutes, And Therefore The Re Enactment In The Code Of The Provisions Substantially Contained In Former Statutes Was A Legislative Adoption Of Their Known Judicial Con Struction Duramus V Harrison, 26 Ala 326 In Applying This Rule To The Statute In Question, We Must Presume That It Was Adopted By The Legislature In View Of The Judicial Construction It Had Received Prior To Its Adoption By The Supreme Court Of Missouri, And In Referring To The Rulings Of That Court Upon The Statute In Question We Find, In Van Winkle And Randall V Mckee, It Was Held That A Deed Of Assignment Void As To Creditors Did Not Create The Relation Of Debtor And Creditor Between The Grantor In The Assignment And The Assignee The Validity Of The Assignment Can Not Be Tried In A Court Of Law Upon An Issue Made Between A Judgment Creditor And The Assignee Garnished On An Execution Under The Provisions Of The Act In Question About The PublisherForgotten Books Publishes Hundreds Of Thousands Of Rare And Classic Books Find At Www.forgottenbooks.comThis Book Is A Reproduction Of An Important Historical Work Forgotten Books Uses State Of The Art Technology To Digitally Reconstruct The Work, Preserving The Original Format Whilst Repairing Imperfections Present In The Aged Copy In Rare Cases, An Imperfection In The Original, Such As A Blemish Or Missing Page, May Be Replicated In Our Edition We Do, However, Repair The Vast Majority Of Imperfections Successfully Any Imperfections That Remain Are Intentionally Left To Preserve The State Of Such Historical Works.