 | Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - 1901 - 704 sivua
...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 sivua
...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...failure to obey which the rights of those interested will not be prejudiced, are not commonly to be regarded as mandatory; and if the act is performed,... | |
 | Illinois. Supreme Court - 1906 - 712 sivua
...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 sivua
...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 sivua
...the subject of the distinction between directory and mandatory provisions in statutes, states, that: "Those directions which are not of the essence of...failure to obey which, the rights of those interested will not be prejudiced, are not commonly to be regarded as mandatory; and if the act is performed,... | |
 | Thomas McIntyre Cooley - 1871 - 846 sivua
...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 sivua
...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...failure to obey which the rights of those interested will not be prejudiced, are not commonly to be regarded as mandatory" — Judge Cooley on Constitutional... | |
 | Thomas McIntyre Cooley - 1874 - 904 sivua
...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 sivua
...are 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 will not be prejudiced, are not commonly to be regarded as mandatory ; and if the act is performed,... | |
 | Nevada. Supreme Court - 1877 - 518 sivua
...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,... 
