 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.  The New York Supplement - Stranica 7071907Potpun prikaz - O ovoj knjizi
 | Alabama. Supreme Court - 1881 - Broj stranica: 768
...remaining portions. 2. Statute portly 'niconntUutiunal, — When part of a statute is unconstitutional, "if that which remains is complete in itself, and capable...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 - Broj stranica: 800
...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... | |
 | Illinois. Supreme Court - 1907 - Broj stranica: 712
...prescribed by the constitution. In either case, 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 is rejected, it must be sustained. Cooley's Const. Lim. (7th ed.)... | |
 | Thomas McIntyre Cooley - 1868 - Broj stranica: 776
...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 - Broj stranica: 922
...materially affecting the general purpose. The rule is thus stated: "Where the unconstitutional portions are stricken out and that which remains is complete in...in 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... | |
 | Thomas McIntyre Cooley - 1871 - Broj stranica: 846
...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 - Broj stranica: 436
...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 - Broj stranica: 904
...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 - Broj stranica: 502
...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 - Broj stranica: 1074
...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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