Settle v. . Van Evrea
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the third judicial department, affirming an order of Special Term denying a motion to vacate an order of reference. An order was entered by stipulation referring this action to Hon. Robert Earl to hear and determine. A motion was made on behalf of defendant to vacate the order upon the ground that the referee being a commissioner of appeals could not act, which motion was denied.
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Appeal from order of the General Term of the Supreme Court in the third judicial department, affirming an order of Special Term denying a motion to vacate an order of reference. An order was entered by stipulation referring this action to Hon. Robert Earl to hear and determine. A motion was made on behalf of defendant to vacate the order upon the ground that the referee being a commissioner of appeals could not act, which motion was denied. In construing a constitution, the intent of the framers must he sought for, and when discovered is to prevail over the literal meaning of the words.…
1Opinion of the CourtAllen, J.
A fundamental rule, in the interpretation of written laws or instruments of any kind, is to construe them according to the sense of the terms and the intention of the framers of the laws or parties to the instruments. That intention is first to be sought from the words employed, and if the language is unambiguous, the words plain and clear, conveying a distinct idea, there is' no occasion to resort to other means of interpretation. Effect must be given to the intent as indicated by the language employed. Especially should this be so in the interpretation of a written Constitution, an…
2Cited by35 opinions
- In Re the Arbitration Between Western Union Telegraph Co. & American Communications Ass'nNew York Court of Appeals · 1949
- State ex rel. West v. ButlerSupreme Court of Florida · 1915
- State ex rel. Wilkinson v. LaneSupreme Court of Alabama · 1913
- People Ex Rel. Williams v. . DaytonNew York Court of Appeals · 1874
- King v. CuomoNew York Court of Appeals · 1993
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