courts make exception (New York) · Go Syfert
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courts make exception in New York

7 New York opinions name it 5 courts 1900–2005 0 in the last five years

The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Morgan v. . Hedstromgreen
ny · 1900 · cited in 6 New York opinions naming this issue, 1940–2005
2 sentences

2005“The strict adherence to the letter of a statute will not be permitted to defeat the general purpose and manifest policy intended to be promoted, and a statute will not be construed to work an injustice or absurdity.” (Grant, 154 Misc 2d at 573-574 , quoting Sinhogar v Parry, 98 Misc 2d 28, 35 [Sup Ct, NY County 1979].) “When the courts make an exception from the letter of a statute, because the subject excepted is not within its spirit and meaning, they do so to avoid a result so unreasonable or absurd as to force the conviction upon the mind that the excepted subject could not have been inte

1979As the court stated in Morgan v Hedstrom ( 164 NY 224, 230 ): "When the courts make an exception from the letter of the statute, because the subject excepted is not within its spirit and meaning, they do so to avoid a result so unreasonble or absurd as to force the conviction upon the mind that the excepted subject could not have been intended by the legislature”.

26
Sinhogar v. Parrygreen
nysupct · 1979 · cited in 2 New York opinions naming this issue, 1992–2005
2 sentences

2005“The strict adherence to the letter of a statute will not be permitted to defeat the general purpose and manifest policy intended to be promoted, and a statute will not be construed to work an injustice or absurdity.” (Grant, 154 Misc 2d at 573-574 , quoting Sinhogar v Parry, 98 Misc 2d 28, 35 [Sup Ct, NY County 1979].) “When the courts make an exception from the letter of a statute, because the subject excepted is not within its spirit and meaning, they do so to avoid a result so unreasonable or absurd as to force the conviction upon the mind that the excepted subject could not have been inte

1992(Sinhogar v Parry, 98 Misc 2d 28, 35 [Sup Ct, NY County 1979].) "When the courts make an exception from the letter of a statute, because the subject excepted is not within its spirit and meaning, they do so to avoid a result so unreasonable or absurd as to force the conviction upon the mind that the excepted subject could not have been intended by the legislature”.

22
Roseann R. v. William R.green
nycfamct · 1983 · cited in 1 New York opinions naming this issue, 1992–1992
1 sentence

1992(Morgan v Hedstrom, 164 NY 224, 230 [1900]; see also the reasoning in Matter of Roseann R. v William R., 119 Misc 2d 874 [Fam Ct, Queens County 1983].) Indeed, Douglas J.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
Riggs v. . Palmer green
ny · 1889
2 sentences

1943A complete answer to that argument is found in Bacon’s Abridgement and quoted in Riggs v. Palmer (supra, p. 510 ): “ ‘ By an equitable construction, a case not within the letter of the statute is sometimes holden to be within the meaning, because it is within the mischief for which a remedy is provided.

1900It will suffice to refer to Riggs v. Palmer ( 115 N. Y. 506 ) and Holy Trinity Church v. U. S. ( 143 U. S. 457 ) in which the rule is discussed and illustrated.

21900–1943
Commissioner of Social Services v. Grant green
nycfamct · 1992
1 sentence

2005“The strict adherence to the letter of a statute will not be permitted to defeat the general purpose and manifest policy intended to be promoted, and a statute will not be construed to work an injustice or absurdity.” (Grant, 154 Misc 2d at 573-574 , quoting Sinhogar v Parry, 98 Misc 2d 28, 35 [Sup Ct, NY County 1979].) “When the courts make an exception from the letter of a statute, because the subject excepted is not within its spirit and meaning, they do so to avoid a result so unreasonable or absurd as to force the conviction upon the mind that the excepted subject could not have been inte

12005–2005
Church of the Holy Trinity v. United States green
scotus · 1892
1 sentence

1900It will suffice to refer to Riggs v. Palmer ( 115 N. Y. 506 ) and Holy Trinity Church v. U. S. ( 143 U. S. 457 ) in which the rule is discussed and illustrated.

11900–1900
Lyon v. Manhattan Railway Co. green
ny · 1894
1 sentence

1900Co., 142 N. Y. 298, 303 ; Rogers v. Bradshaw, 20 Johns. 735, 744 .) When the courts make an exception from the letter of a statute, because the subject excepted is not within its spirit and meaning, they do so to avoid a result so unreasonable or absurd as to force the conviction upon the mind that the excepted subject could not have been intended by the legislature, and that if it had been presented to that body, it would have disclaimed any intention to include it.

11900–1900
Rogers v. Bradshaw green
nycterr · 1823
1 sentence

1900Co., 142 N. Y. 298, 303 ; Rogers v. Bradshaw, 20 Johns. 735, 744 .) When the courts make an exception from the letter of a statute, because the subject excepted is not within its spirit and meaning, they do so to avoid a result so unreasonable or absurd as to force the conviction upon the mind that the excepted subject could not have been intended by the legislature, and that if it had been presented to that body, it would have disclaimed any intention to include it.

11900–1900

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