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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 the failure to obey which the rights of those interested will not be prejudiced,... "
Reports of Cases in the Supreme Court of Appeals of Virginia - Page 697
by Virginia. Supreme Court of Appeals - 1880
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Reports of Civil and Criminal Cases Decided by the ..., Volume 4; Volume 102

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
...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...
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Reports of Cases at Law and in Chancery Argued and Determined in ..., Volume 220

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...
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A Treatise on the Constitutional Limitations which Rest Upon the Legislative ...

Thomas McIntyre Cooley - Constitutional law - 1868 - 776 pages
...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...
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A Treatise on the Constitutional Limitations which Rest Upon the Legislative ...

Thomas McIntyre Cooley - Constitutional law - 1871 - 846 pages
...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...
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Minutes of the General Association of the Congregational Churches of ...

Congregational Churches of Michigan. General Association - Congregational churches - 1873 - 710 pages
...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...prejudiced, are not commonly to be regarded as mandatory" — Judge Cooley on Constitutional Limitations, pp. 77, 78. sirous of forming ourselves into a church...
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A Treatise on the Constitutional Limitations which Rest Upon the Legislative ...

Thomas McIntyre Cooley - Constitutional law - 1874 - 904 pages
...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,...
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Reports of Decisions of the Supreme Court of the State of Nevada, Volume 11

Nevada. Supreme Court - Law reports, digests, etc - 1877 - 518 pages
...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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Albany Law Journal, Volume 26

Law - 1883 - 572 pages
...made after the time and before the commencement of his action for the penalty would bar such action. Those directions which are not of the essence of the...but which are given with a view merely to the proper or duly and prompt conduct of the business, and by a failure to obey which the rights of those interested...
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West Coast Reporter ...: Containing All the Decisions as Fast ..., Volumes 9-10

Law reports, digests, etc - 1886 - 1338 pages
...was not mandatory. By the failure to meet, the rights of the parties interested were not prejudiced. Those directions which are not of the essence of the thing to be done, but which are given mainly with a view to the orderly and prompt conduct of the business, and by a failure to do which...
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The Pacific Reporter, Volume 69

Law reports, digests, etc - 1902 - 1172 pages
...consequences which would follow from construing it one way or the other. P.lacli, Interp. Laws, p. 3"8. "Those directions which are not of the essence of the thing to be done, but which arc given with a view merely to the proper, orderly, and prompt conduct of the business, and by the...
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