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 - 395 페이지1894전체보기 - 도서 정보
| Alabama. Supreme Court - 1881 - 768 페이지
...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... | |
| 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 - 1912 - 800 페이지
...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... | |
| Thomas McIntyre Cooley - 1868 - 776 페이지
...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... | |
| North Carolina. Supreme Court - 1905 - 922 페이지
...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... | |
| Thomas McIntyre Cooley - 1871 - 846 페이지
...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... | |
| Nevada. Supreme Court - 1873 - 436 페이지
...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... | |
| Thomas McIntyre Cooley - 1874 - 904 페이지
...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... | |
| 1916 - 502 페이지
...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... | |
| Michigan. Legislature - 1875 - 1074 페이지
...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... | |
| Nevada. Supreme Court - 1876 - 518 페이지
...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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