Legal Opinion

Jacobs v. Metropolitan Life Insurance

Superior Court of Delaware

Decided July 15, 1937No. 115PublishedCited by 3 opinions

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

  1. Rash v. AllenSuperior Court of Delaware · 1910
  2. Winter v. HindinSuperior Court of Delaware · 1926
  3. In re the Estate of HitchensOrphan's Court of Delaware · 1920

3Cited by3 opinions

  1. Trader v. JesterSuperior Court of Delaware · 1938
  2. State v. BenderSuperior Court of Delaware · 1971
  3. Pannunzio v. Monumental Life Ins.Ohio Supreme Court · 1958

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