Axtell v. Smedley & Rodgers Hardware Co.

Citations

• 59 Fla. 430

Syllabus

<p>3. The intent of a statute is the vital part—tbe essence of the law—an.(3. tbe primary rule of construction is to ascertain and give effect to that intent. A construction which results in bringing two sentences of the same section of a statute into conflict should be avoided, if it can be done without doing violence to the language used and the general intent of the whole section. The entire statute is to be considered in ascertaining the intent. Effect must be given to every part of a section if it be reasonably possible to do so. The mere literal construction of a section of a statute ought not to prevail, if it is opposed to the intention of the legislature apparent by the statute, and if the words are sufficiently flexible to admit of some other construction, it is to be adopted to effectuate that intention.</p> <p>2. Applying the foregoing principles of construction to subsection 2 (a) of paragraph 2210, General Statutes of 1906, prescribing how liens in favor of one who in privity with the owner has furnished materials for the erection and repair of buildings &c., may be acquired as against purchasers and creditors—-the proper construction is that one furnishing materials has three months after the entire furnishing of the material to record his lien so as to secure his lien for twelve months after the record of the same, against persons who purchase the property or creditors without notice who became such after, the recording of the lien, but such recording is not notice, nor does it make the lien effectual against a purchaser without actual notice who buys the property before the lien is recorded, and after the time when the materials are furnished,—in other words, the act of recording the lien has no retroactive effect upon a purchaser.</p>