The Devonshire

2 Citing cases

  1. Friday v. Hall & Kaul Co.

    216 U.S. 449 (1910)   Cited 12 times

    Where Congress enacts legislation containing words or phrases which have been judicially construed under other acts upon the same subject, it is presumed to know of such construction and to have adopted the construction of such words and phrases previously made. United States v. Hermanos y Compania, 209 U.S. 337; United States v. G. Falk Bro., 204 U.S. 143, 152; The Devonshire, 13 F. 39, 42. Acts of Congress should be construed in view of the history and circumstances surrounding their enactment.

  2. Crawford v. Burke

    195 U.S. 176 (1904)   Cited 141 times
    Explaining that "a change in phraseology creates a presumption of a change in intent" and that "Congress would not have used such different language [in two statutes] without thereby intending a change of meaning"

    Mere change in the phraseology works no change in the established interpretation thereof, unless it clearly appears that such was the intention of the legislature. Black on Interpretation, 161; Bradley v. State, 69 Ala. 318; Huddleston v. Askey, 56 Ala. 218; Posey v. Pressly, 60 Ala. 243, 249; McDonald v. Hovey, 110 U.S. 619, 628; Potter's Dwarris, 181, note 2; Yates's Case, 4 Johns. 318, 358; Dominick v. Michael, 4 Sandf. (13 N.Y.) 374, 409; The Devonshire, 13 F. 39; Reiche v. Smythe, 13 Wall. 162; Willis v. Eastern Trust Banking Co., 169 U.S. 295, 307; Commonwealth v. Hartnett, 3 Gray, 450; State v. Cornell, 75 F. 25. A discharge in bankruptcy, under the act of 1898, does not release a bankrupt from debts created by his positive fraud involving moral turpitude or intentional wrong.