 | Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - Law reports, digests, etc - 1901 - 704 pages
...not of the essence of the thing to be 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 interested will not be prejudiced, are not commonly to be regarded as mandatory; and... | |
 | 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 - Law reports, digests, etc - 1900 - 840 pages
...Limitations ( 6th Ed., p. 92), says : ' Those directions which are not of the essence of the thing to be done, but which are given with a view merely to the...mandatory; and if the act is performed, but not in the time nor in the precise mode indicated, it may still be sufficient if that which is done accomplishes the... | |
 | Illinois. Supreme Court - Law reports, digests, etc - 1906 - 712 pages
...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 - Constitutional law - 1868 - 776 pages
...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 of the...mode indicated, it may still be sufficient, if that which is done accomplishes the substantial purpose of the statute.1 But this rule presupposes that... | |
 | Thomas Harvey Coldwell - Law reports, digests, etc - 1870 - 790 pages
...provisions in statutes, states, that: "Those directions which are not of the essence of the thing to be done, but which are given with a view merely to the...the time, or in the precise mode indicated, it may be still sufficient, if that which is done accomplishes the substantial purposes of the statute: Const.... | |
 | Thomas McIntyre Cooley - Constitutional law - 1871 - 846 pages
...statute are mandatory or directory. 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 [* 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 - Congregational churches - 1873 - 710 pages
...be construed as mandatory." — " Those directions which are not of the essence of the thing to be done, but which are given with a view merely to the...prejudiced, are not commonly to be regarded as mandatory" — Judge Cooley on Constitutional Limitations, pp. 77, 78. sirous of forming ourselves into a church... | |
 | North Carolina. Supreme Court - Law reports, digests, etc - 1873 - 622 pages
...requires. This statute is directorjr. Bloom v. Benedick, 1 Hill, 130; People v. Cook, 14 Barb. 290. If the Act is performed, but not in the time, or in...mode indicated, it may still be sufficient, if that which is done accomplishes the substantial purpose of the BRYAN v. HUBBS. statute. Cooley 78, and note... | |
 | Thomas McIntyre Cooley - Constitutional law - 1874 - 914 pages
...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...mode indicated, it may still be sufficient, if that 1 State v. Lean, 9 Wis. 292. See further, for the views of this court on the subject here discussed,... | |
 | Thomas McIntyre Cooley - Constitutional law - 1874 - 904 pages
...statute are mandatory or directory. 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 busi- [* 78] ness, and by a failure to obey which the rights of those interested will not be prejudiced,... | |
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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,... 
