Nonsense
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NONSENSE, construction. That which in a written agreement or will is
unintelligible.
2. It is a rule of law that an instrument shall be so construed
that the whole, if possible, shall stand. When a matter is written
grammatically right, but it is unintelligible, and the whole makes
nonsense, some words cannot be rejected to make sense of the rest; 1
Salk. 324; but when matter is nonsense by being contrary and repugnant
to, some precedent sensible latter, such repugnant matter is rejected.
Ib.; 15 Vin. Ab. 560; 14 Vin. Ab. 142. The maxim of the civil law on
this subject agrees with this rule: Quae in testamento ita sunt scripta,
ut intelligi non possent: perinde sunt, ac si scripta non essent. Dig.
50,17,73,3. Vide articles Ambiguity; Construction; Interpretation.
3. In pleading, when matter is nonsense by being contradictory and
repugnant to something precedent, the precedent matter, which is sense,
shall not be defeated by the repugnancy which follows, but that which is
contradictory shall be rejected; as in ejectment where the declaration
is of a demise on the second day of January, and that the defendant
postea scilicet, on the first of January, ejected him; here the scilicet
may be rejected as being expressly contrary to the postea and the
precedent matter. 5 East, 255; 1 Salk. 324.


-- 
Amauta

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