Legal Opinion · Dissent

Randle v. Payne

Alabama Court of Appeals

Decided October 7, 1958No. 6 Div. 543Published

1DissentCates, Judge

At the outset, we must remember that maxims, such as expressio (or enumeratio) unius est exclusio alterius and construction in pari materia, are but rules to aid in ambiguous cases. The paramount rule is that of ascertaining legislative intent, and while expressions of this principle sound trite, yet perhaps this is because they are familiar rather than because they are shopworn. Glencoe Paving Co. v. Graves, 266 Ala. 154, 94 So.2d 872. See Sutherland, Statutory Construction, § 4502 — “Statutes clear and unambiguous.”

Act No. 53, entitled “An Act To make it unlawful for livestock or animals to…

2Cases cited13 opinions

  1. Louisville & Nashville Railroad Company v. JohnsSupreme Court of Alabama · 1958
  2. Tatum v. StateSupreme Court of Alabama · 1880
  3. Sibley v. OdumSupreme Court of Alabama · 1951
  4. Glencoe Paving Company v. GravesSupreme Court of Alabama · 1957
  5. Sarber v. HollonSupreme Court of Alabama · 1956

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