In the absence of proof of either of those facts, every intendment is to the contrary.
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According to the reason of the rule, the great appropriation bills must be equally within its intendment.
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Who, it is to be asked, is within the legislative grasp or intendment, of the statute under consideration?
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Thus far in our history, under the malignant influence of Slavery, the odious construction or intendment has prevailed.
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While in some doubt as to the legal sufficiency of this instrument, McAllister felt that its intendment was unmistakable.
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Turning to the present case, the question then arises whether the true intendment of the contract was such as to permit an immediate withdrawal of the licence.
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Might I say, if you look at intendment, again Justice Dixon seems to have constructed his more narrow conception of section 75 around a very different circumstance.
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It may consider this provided, of course, that the proposed new purpose is otherwise of a charitable nature, that is, within the spirit and intendment of the Preamble.
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Historically, municipal councils (such as the Corporation of London) or charitable establishments would be the primary examples of corporations. In 1612, Sir Edward Coke remarked in the Case of Sutton's Hospital,Case of Sutton's Hospital (1612) 10 Rep 32; 77 Eng Rep 960, 973 > the Corporation itself is onely in abstracto, and resteth onely in > intendment and consideration of the Law; for a Corporation aggregate of many > is invisible, immortal, & resteth only in intendment and consideration of > the Law; and therefore it cannot have predecessor nor successor. They may > not commit treason, nor be outlawed, nor excommunicate, for they have no > souls, neither can they appear in person, but by Attorney. A Corporation > aggregate of many cannot do fealty, for an invisible body cannot be in > person, nor can swear, it is not subject to imbecilities, or death of the > natural, body, and divers other cases.
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Story, though had long desired to establish federal common law, had been unable to sway sufficient support to the cause. In Swift he finally rallied sufficient support to chip away at the barrier. He noted, "This section (34 of the Judiciary Act), upon it sure intendment and construction, is strictly limited to local statutes and local usages of the character before started, and does not extend to contracts and other instruments of a commercial nature."Swift v.
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In United States v. Gooding (1827), for the Court, Justice Story wrote: :We take this opportunity of expressing our anxiety, least, by too great indulgence to the wishes of counsel, questions of this sort should be frequently brought before this Court, and thus, in effect, an appeal in criminal cases become an ordinary proceeding to the manifest obstruction of public justice, and against the plain intendment of the acts of Congress.United States v. Gooding, 25 U.S. (12 Wheat.) 460, 467-68 (1827).
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Terminal R.R. Ass'n: "[A] decree will not be expanded by implication or intendment beyond the meaning of its terms when read in the light of the issues and the purposes for which the suit was brought.". In 1968, the Supreme Court ruled in United States v. United Shoe Machinery Corp., that to promote finality, a court's changes to consent a decree should be rare—but the courts can modify a consent decree or frame injunctive relief to ensure the litigation achieves its purpose.. Before a judge can enter a consent decree, according to the rulings in Firefighters v.
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Judge Learned Hand wrote the court's opinion. He reasoned that a jury may have found Crimmins guilty for the substantive offense of using interstate commerce in the commission of a crime since he knowingly bought stolen bonds even if he didn't know where they were from, but that "It is never permissible to enlarge the scope of the conspiracy itself by proving that some of the conspirators, unknown to the rest, have done what was beyond the reasonable intendment of the common understanding". According to Hand, people can only be charged for the actions of co- conspirators that were mutually agreed upon. He gave the analogy, "While one may, for instance, be guilty of running past a traffic light of whose existence one is ignorant, one cannot be guilty of conspiring to run past such a light, for one cannot agree to run past a light unless one supposes that there is a light to run past".
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