positive rule in Connecticut

2016Tellingly, the Missouri Supreme Court rejected the plaintiff's argument founded on ejusdem generis, "that the general words must be restricted to the particular classes or things enumerated," to use "medical" or "psychiatric" to restrict the meaning of "other facilities," observing that doctrine is "an aid to construction and not a positive rule of law and never overrides an intention that is clear." 9 Id., at 630 .

2016Tellingly, the Missouri Supreme Court rejected the plaintiff’s argument founded on ejusdem generis, ‘‘that the general words must be restricted to the partic- ular classes or things enumerated,’’ to use ‘‘medical’’ or ‘‘psychiatric’’ to restrict the meaning of ‘‘other facili- ties,’’ observing that doctrine is ‘‘an aid to construction and not a positive rule of law and never overrides an intention that is clear.’’9 Id., 630 .

2016Given the broad dictionary definition and common usage of the term "facilities," I conclude that the certificates are "facilities" within the meaning of § 13b-36 (a) because they aid or facilitate the operation of the plaintiffs' businesses by granting them rights to operate their buses on the designated routes. 10 Moreover, although it is a "well established proposition that [t]he authority to condemn [is to] be strictly construed in favor of the owner of the property taken and against the condemnor," it similarly is axiomatic that "[t]he statute ... should be enforced in such a way as to eff

2016Given the broad dictionary definition and common usage of the term "facilities," I conclude that the certificates are "facilities" within the meaning of § 13b-36 (a) because they aid or facilitate the operation of the plaintiffs' businesses by granting them rights to operate their buses on the designated routes. 10 Moreover, although it is a "well established proposition that [t]he authority to condemn [is to] be strictly construed in favor of the owner of the property taken and against the condemnor," it similarly is axiomatic that "[t]he statute ... should be enforced in such a way as to eff

1991Although an expert had testified that the stain had produced a positive test result, and he had explained that this meant only that “the stain could be human blood, animal blood or something other than blood,” 4 we held that “[t]he test result did nothing toward establishing the likelihood of the presence of human blood on the sole of the defendant’s shoe.” (Emphasis added.) Id., 628 .

1968In Lobrovich v. Georgison, 144 Cal. App. 2d 567, 573-75 , the court said: “If there is still ample time to institute the action within the statutory period after the circumstances inducing delay have ceased to operate, the plaintiff who failed to do so cannot claim an estoppel. . . . ‘The statute of limitation is a positive rule of law, and the courts must, when it is pleaded, be governed by it where it applies . . .’ . . . independent of the existence of prejudice to the defendant.” .

1968“Fraud consists in deception practiced in order to induce another to part with property or surrender some legal right, and which accomplishes the end desired.” Alexander v. Church, 53 Conn. 561, 562 .

1966Platt v. Bradner Co., 131 Wash. 573 (1924).

1940The provisions of this statute amount “to a positive rule for the transmission of property, which must be complied with, as a complete act at the time of execution, or never, so far as the act of the testator is concerned.” Lane’s Appeal, 57 Conn. 182, 187 , 17 Atl. 926 .

1940The provisions of this statute amount “to a positive rule for the transmission of property, which must be complied with, as a complete act at the time of execution, or never, so far as the act of the testator is concerned.” Lane’s Appeal, 57 Conn. 182, 187 , 17 Atl. 926 .