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" If, when the unconstitutional portion is stricken out, that which remains is complete in itself, and capable of being executed in accordance with the apparent legislative intent, wholly independent of that which was rejected, it must be sustained. "
Southern Reporter - Page 395
1894
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 65

Alabama. Supreme Court - Law reports, digests, etc - 1881
...remaining portions. 2. Statute portly 'niconntUutiunal, — When part of a statute is unconstitutional, "if that which remains is complete in itself, and...in accordance with the apparent legislative intent, wholly independent of that which is rejected, it must be sustained." 3. Limitation of action ayainst...
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 167

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 - 1912
...essentially and inseparably connected in substance. If, when the unconstitutional part is stricken out, that which remains is complete in itself, and capable...in accordance with the apparent legislative intent, wholly independent of that which was rejected, it must be sustained. The difficulty is in determining...
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A Treatise on the Constitutional Limitations which Rest Upon the Legislative ...

Thomas McIntyre Cooley - Constitutional law - 1868 - 720 pages
...essentially and inseparably connected in substance.2 If, when the unconstitutional portion is stricken out, that which remains is complete in itself, and capable of being executed wholly independent of that which was rejected, it must be sustained. The difficulty is in determining...
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North Carolina Reports: Cases Argued and Determined in the Supreme Court of ...

North Carolina. Supreme Court - Law reports, digests, etc - 1905
...general purpose. The rule is thus stated: "Where the unconstitutional portions are stricken out and that which remains is complete in itself and capable...accordance with the apparent legislative intent, it must be sustained." 26 Am. & Eng. Enc. LOWERY v. SCHOOL TRUSTEES. (2 Ed.), 570, in which a large number of...
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A Treatise on the Constitutional Limitations which Rest Upon the Legislative ...

Thomas McIntyre Cooley - Constitutional law - 1871 - 781 pages
...essentially and inseparably connected in substance.2 If, when the unconstitutional portion is stricken out, that which remains is complete in itself, and capable...in accordance with the apparent legislative intent, wholly independent of that which was rejected, it must be sustained. The difficulty is in determining...
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Reports of Decisions of the Supreme Court of the State of Nevada, Volume 8

Nevada. Supreme Court - Law reports, digests, etc - 1873
...STATUTE GOOD IN PART AND BAD IN PART. If, when an unconstitutional portion of a statute is stricken out, that which remains is complete in itself and capable of being executed wholly independent of that which was rejected, it must be sustained. Evans v. Job, 322. 9. DOCTRINE...
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A Treatise on the Constitutional Limitations which Rest Upon the Legislative ...

Thomas McIntyre Cooley - Constitutional law - 1874 - 827 pages
...485. See People v. Briggs, 50 NY 566. stance.i If, when the unconstitutional portion is stricken out, that which remains is complete in itself, and capable...in accordance with the apparent legislative intent, wholly independent of that which was rejected, it must be sustained. The difficulty is in determining...
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The Central Law Journal, Volume 83

Law - 1916
...invalid." 6 Am. and Eng. Encyc. Law, 1089. And : "When the unobjectionable portion is distinct and complete in itself and capable of being executed in accordance with the apparent legislative intent, wholly independent of that portion which is invalid, the former will be upheld." Ibid. 1088. It seems...
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Joint Documents ... for the Year ..., Part 1

Michigan. Legislature - Michigan - 1875
...are inseparably connected in substance ; whether, when the unconstitutional portion is stricken out, that which remains is complete in itself, and capable...in accordance with the apparent legislative intent, wholly independent of that which was rejected," if so it must be sustained, otherwise not. — Cooley's...
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Reports of Decisions of the Supreme Court of the State of Nevada, Volume 10

Nevada. Supreme Court - Law reports, digests, etc - 1876
...Slaughter-House Cases, 16 Wall. 767; 18 Wall. 138-9.) If when the unconstitutional portion is stricken out, that which remains is complete in itself and capable...in accordance with the apparent legislative intent, wholly independent of that which was rejected, it must be sustained. (Cooley's Const. Lim. 176; LatJn-op...
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