Jacobs v. Metropolitan Life Insurance
Superior Court of Delaware
1Opinion of the Court
Rodney, J.,
delivering the opinion of the Court:
It may readily be conceded that where, from other language of a particular act of legislation, it can be definitely ascertained that an omission of a word or words was not the intention of the Legislature, but was clearly a clerical error, the word or words necessary to carry out the will *52and plain intent of the Legislature will be supplied. Such was the holding of Winter v. Hindin, 3 W. W. Harr. (33 Del.) 294, 136 A. 280. The intent of the Legislature, however, must be plainly deducible from the remaining parts of the statute. Lewis Sutherland’s…
2Cases cited3 opinions
- Rash v. AllenSuperior Court of Delaware · 1910
- Winter v. HindinSuperior Court of Delaware · 1926
- In re the Estate of HitchensOrphan's Court of Delaware · 1920
3Cited by3 opinions
- Trader v. JesterSuperior Court of Delaware · 1938
- State v. BenderSuperior Court of Delaware · 1971
- Pannunzio v. Monumental Life Ins.Ohio Supreme Court · 1958