Du Bay v. Gould
Du Bay v. Gould
Opinion of the Court
The judgment of the court below is reversed for want of jurisdiction in that court.
Dissenting Opinion
dissenting. As I am unable to perceive the correctness of the opinion of a majority of this court, I am constrained to give some of the reasons why I cannot concur; and, in doing so, it may not be amiss to lay down a few well established rules which govern in the construction or interpretation of statutes, which are, 1. That a court of law will not make any interpretation contrary to the express words of a statute, for nothing can so well explain the'meaning of the makers of the act as their own direct and express words, since index, animi sermo and maledicta expositio quoz corrumpit textium. It would be dangerous to give scope for making a construction in any case against the express words, when the meaning of the makers is not opposed to them, and when no inconvenience would follow from a literal interpretation. Edrich's Case, 5 Rep., 119, cited in argument; Gaunt v. Taylor, 3 Scott’s N. R., 709; Broom’s Legal Maxims, 268; Smith’s Com., 654.-2. That words ought not to be extended beyond their ordinary sense in order to comprehend a case within their object, for that would be to give effect to an intention piot expressed, nor can they be so restricted as to exclude a case both within their object and within their ordinary sense, without violating a fundamental rule which requires that effect should be given to such intention of the parties or law-making power as they have used fit words to express. Borradaile v. Hunter, 5 Scott’s N.R., 431-432; Moseley v. Motteux, 10 M. & W., 533; Broom’s Legal Maxims, 276; Smith’s Com., 654. 3. That relative words refer to the next antecedent, unless, by such a construction, the meaning of the sentence would be impaired. Comyn’s Digest, “ Parols ” (A. 14, 15); Jenk, 180; Quier's Case, Dyer, 46 b; Wing’s Maxims, 19. Again, in the interpretation of statutes, it is but seldom, if ever, that we have to interpret anything but words; hence, the term interpretation means al
With these rules as beacon lights to guide or direct, I proceed to an examination of the section of the, statute (R. S., ch. 86, sec. 2) presented for consideration, so far as it has any application. Ey this section it is provided that “ the county court shall be a court of record, with a clerk and seal, and shall have original jurisdiction concurrently with the circuit court, to try and determine, according to law, all civil actions arising within the county, for which such courts shall be held; and all transitory actions, although the same may not have arisen within the county, when the debt or damages do not exceed the sum of five hundred dollars.”
Now, it is obvious that the object of the legislature, in this enactment, was to declare the particular kinds of actions over which the court should have jurisdiction, and the conditions, restrictions and limitations by which definitely to mark the line of that jurisdiction; and, in so doing, they fix the boundary line by providing for a certain class of cases arising either within the particular county or without it. Whether the cause of action arises within the county or not, is the material inquiry, provided that the action is transitory in its nature. No one can fail to see that, by the first subdivision or portion of this section, a well defined jurisdiction is conferred, by words that are unequivocal and unmistakably clear, of till civil actions arising within the county for which such court shall be held. There is no qualification, limitation, or restriction either as to the amount or as to the kind of action, provided it arose within the county. That is the point to ascertain, and the only
Now, can any one seriously contend, that so far, actions-arising within the county for which the court is held are not fully and distinctly provided for? This can be determined by the mere suggestion, that if the legislature had stopped at this point, the views here taken would be correct, and there would have been no room left for construction; for all minds must, ex necessitate, have understood the language alike. It remains to be seen whether the subsequent language can, in reason, affect or control the meaning of this phraseology. I humbly conceive not.
It must be borne in mind, that the legislature are next conferring jurisdiction over one of the same class of cases or actions already provided for, viz. : transitory actions, but when the action arose without the county. ' The language is, “ although the same may not have arisen within the county when the debt or damages demanded,do not exceed the sum of five hundred dollars.” Can any reasonable mind, upon reflection, doubt that the legislature was here giving jurisdiction of transitory actions arising without the county? and is there not just as little doubt, that jurisdiction had been conferred in the first instance or in the first part of the section as to all transitory actions arising within the county? Is it possible that the legislature intended to place the limit of jurisdiction at five hundred dollars to transitory actions arising both within and without the county ? If such was the intention, why in the name of common sense did they say anything about actions arising within or without the county ? No such distinction was necessary, but must be absolutely nugatoiy. If the intention of the
According to the rules above laid down, we must take the language as we find it, and give effect to every sentence and even every word, and if by so doing we can give it effective form, so as not to convict the legislature of acting absurdly, we should do so, and we ought by no means to so construe the language, that a part thereof shall mean nothing. It is well said, that “ the fittest course, in all cases when the intention of the legislature is brought in question, is to adhere to the words of the statute, construing them according to their nature and import in the order in which they stand in the act of parliament.” Rex v. Ramsgate, 6 B. & C., 712.
The most enlightened and experienced judges have for sometime lamented the too frequent departure, from the plain and obvious meaning of the words of the act of parliament by which
If we say that the intention was to give jurisdiction over local and transitory actions, arising within the county (excepting actions of ejectment), unlimited by any sum, and that as to transitory actions arising without the county, jurisdiction was also and only conferred when the debt or damages demanded do not exceed the sum of five hundred dollars, we should give effect to the whole language used ; and short of this we, by construction, say that a part of the language means nothing. Not being able to yield assent to the views of my brethren, I here enter my protest.
Judgment reversed.
Reference
- Full Case Name
- Du Bay v. Gould and another
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- Published