Opp v. TenEyck

On Petition for a Rehearing.

Zollars, C. J. —

That the liability of a surety is strictissimi juris, and not to be extended by construction, and that ita lex scripta est must control in deciding what the statute law is, are propositions well settled, and were not overlooked in the decision of the case. Nevertheless, when there is a contention as to the proper construction of a statute, it is always proper to consider what rights were intended to be secured, or what evils were intended to be provided against, by the legislation. Nor was the general rule overlooked, that where a new law covers the…