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Thank you, North Carolina...

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dave-karoly
(@dave-karoly)
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A print of all the cases citing Walsh v. Hill, 38 Cal. 481 (1869) brought up W.M. Ritter Lumber Co. v. Montvale Lumber Co., 169 N.C. 80, 85 S.E. 438 (1915) quoted below (from 85 S.E. 438 at 444):

This idea was never better expressed than in the case of Walsh v. Hill, 38 Cal. 481, 487, by Justice Sanderson:

“In the construction of written instruments, we have never derived much aid from the technical rules of the books. The only rule of much value * * * is to place ourselves as near as possible in the seats which were occupied by the parties at the time the written instrument was executed; then, taking it by its four corners, read it.”

I like this quote, though, I imagine it being spoken in a proper Oxbridge accent:

Smith v. Parkhurst, 2 Atk. 135, Lord Chief Justice Willes, referring to these principles of construction, said:

“Those maxims, my Lords, are founded upon the greatest authority (Coke, Plowden, and Lord Chief Justice Hale); and the law commands the astutia (the cunning) of judges in construing words in such a manner as shall best answer the intent. The art of construing words in such a manner as shall destroy the intent may show the ingenuity of, but is very ill becoming, a judge.”

Walsh was a very popular case in first half of the 20th century, cited by many courts in other States.


 
Posted : May 23, 2014 1:37 pm