Legal Opinion · Dissent

Weiser v. McDowell

Supreme Court of Iowa

Decided February 9, 1895Published

Appeal from Franhlin District Court. — Hon. S. M. Weaver, Judge. . Tbis action was commenced November 16, 1893, upon a judgment rendered November 8, 1871, in the Circuit Court of Allamakee county, in favor of deceased and against defendant Plaintiff alleges “that, since the rendition of said judgment, defendant has been a nonresident of Iowa for more than two years and one month; that the record of said judgment was never lost or destroyed, and no cause existed for bringing…

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Appeal from Franhlin District Court. — Hon. S. M. Weaver, Judge. . Tbis action was commenced November 16, 1893, upon a judgment rendered November 8, 1871, in the Circuit Court of Allamakee county, in favor of deceased and against defendant Plaintiff alleges “that, since the rendition of said judgment, defendant has been a nonresident of Iowa for more than two years and one month; that the record of said judgment was never lost or destroyed, and no cause existed for bringing action on this judgment prior to November 8, 1886, and said judgment is not barred by tbe statute of limitations.”…

1DissentRobinson, J.

Tbe rule of chief importance in tbe interpretation of statutes is to ascertain the legislative intent. “If a statute is valid, it; is to have effect according to the purpose and intent of the lawmakers. The intent is the vital part, — the essence of the law. * * * The rules of construction with which the books abound apply only where the words used are of doubtful import. They are only SO' many lights to assist the courts in arriving with more accuracy at the true interpretation of the *778intention. * * * These rules are a part of the law of the land, equally with the statutes themselves, and…

2Cases cited17 opinions

  1. Veeder v. . BakerNew York Court of Appeals · 1880
  2. Small v. C., R. I. & P. R.Supreme Court of Iowa · 1879
  3. Central Branch Union Pacific Railroad v. AndrewsSupreme Court of Kansas · 1883
  4. Harrison v. AdamsonSupreme Court of Iowa · 1888
  5. Stephens v. D. & St. P. R. Co.Supreme Court of Iowa · 1873

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