 | Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - 1901 - 704 Seiten
...when a statute is only directory is well stated in Cooley on Constitutional Limitations, as follows: "Those directions which are not of the essence of...done, but which are given with a view merely to the properly, orderly and prompt conduct of the business, and by a failure to obey which the right of those... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1900 - 840 Seiten
...ballot. " Judge COOLEY, in his valuable work on Constitutional Limitations ( 6th Ed., p. 92), says : ' Those directions which are not of the essence of the...orderly, and prompt conduct of the business, and by a failure to obey which the rights of those interested will not be prejudiced, are not commonly to... | |
 | Illinois. Supreme Court - 1906 - 712 Seiten
...at least ten days before the time fixed for such meeting, is evidently intended only as a direction "given with a view merely to the proper, orderly and prompt conduct" of the commissioners in calling such meeting, and a failure to obey that provision will not prejudice the... | |
 | Thomas McIntyre Cooley - 1868 - 776 Seiten
...to be made use of in determining whether the provisions of a statute are mandatory or directory. ' Those directions which are not of the essence of the thing to be done, but which arc given with a view merely 1 State v. Lean, 9 Wis. 292. to the proper, orderly, and prompt conduct... | |
 | Thomas Harvey Coldwell - 1870 - 790 Seiten
...discussion of the subject of the distinction between directory and mandatory provisions in statutes, states, that: "Those directions which are not of the essence...orderly and prompt conduct of the business, and by a failure to obey which, the rights of those interested will not be prejudiced, are not commonly to... | |
 | Thomas McIntyre Cooley - 1871 - 846 Seiten
...are to be made use of in determining whether the provisions of a statute are mandatory or directory. Those directions which are not of the essence of the...to the proper, orderly, and prompt conduct of the [* 78] business, and by a failure to obey which the rights of those 1 State v. Lean, 9 Wis. 292. interested... | |
 | Congregational Churches of Michigan. General Association - 1873 - 710 Seiten
...known legal rule, that where public rights are concerned it shall be construed as mandatory." — " Those directions which are not of the essence of the...orderly, and prompt conduct of the business, and by a failure to obey which the rights of those interested will not be prejudiced, are not commonly to... | |
 | Thomas McIntyre Cooley - 1874 - 904 Seiten
...are to be made use of in determining whether the provisions of a statute are mandatory or directory. Those directions which are not of the essence of the...to the proper, orderly, and prompt conduct of the busi- [* 78] ness, and by a failure to obey which the rights of those interested will not be prejudiced,... | |
 | Thomas McIntyre Cooley - 1874 - 914 Seiten
...given with a view merely *to the proper, orderly, and prompt conduct of the busi- [* 78] ness, and by a failure to obey which the rights of those interested...prejudiced, are not commonly to be regarded as mandatory ; and if the act is performed, but not in the time or in the precise mode indicated, it may still be... | |
 | Nevada. Supreme Court - 1877 - 518 Seiten
...Cook, 69. 3. STATUTE, WHEN DIRECTORY. — A statute prescribed merely as a matter of form, containing directions which are not of the essence of the thing to be done, but which are given solely with a view to the orderly and prompt conduct of the business is merely directory. Odd Fellows'... | |
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Those directions which are not of the essence of the thing to be done, but which are given with a view merely to the proper, orderly, and prompt conduct of the business, and by a failure to obey which the rights of those interested will not be prejudiced,... 
