 | Arizona. Supreme Court - 1908 - 540 страница
...form of language, 'whenever the public interests or individual rights call for its exercise,' it is peremptory. 'What they are empowered to do for a third person the law requires shall be done. It is placed with the depositary to meet the demands of right and prevent a failure of justice.' Supervisors... | |
 | 1909
...Sup'rs v. United States, 4 Wall. 435, 18 L. Ed. 419, expresses the idea more fully In these words: "The conclusion to be deduced from the authorities is that where power is given to pubHe officers, in the language of the act before us, or in equivalent language, whenever the public... | |
 | Eugene McQuillin - 1913 - 1100 страница
...deemed advisable," levy a special tax to pay Indebtedness is mandatory The court says: "Where power IB given to public officers, in the language of the act...language — whenever the public interest or individual right call for Its exercise — the language used, although permissive in form. Is in fact peremptory.... | |
 | 1911 - 970 страница
...Davis, 36 NE 141, 136 Ind. 503, 22 LEA 516. [1] (App. 1968) Where power is given to public officers, and the public interest or individual rights call for...though permissive in form, is in fact peremptory. — Zorn v. Warren-Scharf Asphalt Paving Co., 42 Ind. App. 213, 84 NE 509. Ul (App. 1909) The word... | |
 | Joseph Henry Beale - 1911 - 686 страница
...l Skinner, 370. » 2 Salkelcl, 609. " 3 Hill, 614. * 9 Howard, 248. VON HOFFMAN V. CITY OF QUINCY. or in equivalent language — whenever the public interest or individual rights call for its' exuri'lue'-^the language used, though 'permissive "ia form,~is in lact peremptory. What they are empowered... | |
 | Ohio. Courts - 1912 - 740 страница
...relation to Section 3617. That is. where power is given to public officers by act of the Legislature, whenever the public interest or individual rights...used, though permissive in form is in fact peremptory and permits of no discretion. Supervisors v. United States, 4 Wall, 435-445-446-447 ; Mason v. Fearson,... | |
 | 1914 - 1398 страница
...bids. Where power Is given to public officers, and the public Interest or Individual rights called for its exercise, the language used, though permissive in form, is In fact peremptory, and the intent of the Legislature In such cases is not to declare a mere direction, but to Impose a... | |
 | 1914 - 1372 страница
...indebtedness, the language was peremptory. Where power is given to public officers in such IanMAT MAT guage, If the public interest or Individual rights call for its exercise, the language, though permissive In form, is in fact peremptory, and what they are empowered to do for a third person... | |
 | Idaho. Supreme Court - 1915 - 922 страница
...1, 72 NW 797.) "Where power is given to public officers, whenever public or individual right calls for its exercise, the language used, though permissive in form, is in fact peremptory. In all such cases it is held that the intent of the legislature was not Argument for Respondent. to... | |
 | William Henry Harris - 1917 - 496 страница
...accompanies the grant of power, and, as he contends, qualifies it to the extent assumed in his argument." "The conclusion to be deduced from the authorities...that where power is given to public officers, in the Ian, 182b WHEN AUTHORITY IMPLIES. guage of the, act before us, or in equivalent language — whenever... | |
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The conclusion to be deduced from the authorities Is that where power Is given to public officers, In the language of the act before us, or in equivalent language,— whenever, the public Interest or Individual rights call for Its exercise, — the language... 
