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" If the thing wanting or which failed to be done, and which constitutes the defect in the proceedings, Is something the necessity for which the legislature might have dispensed with by prior statute, then it is not beyond the power of the Legislature to... "
Reports of Cases Argued and Determined in the Supreme Court of Alabama - Page 124
by Alabama. Supreme Court - 1883
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 128

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 - 1902 - 806 pages
...the defect in the proceedings, is some- 1 thing the necessity for which the legislature might have dispensed with by prior statute, then it is not beyond...to make the same immaterial by a subsequent law." It is urged by defendants' counsel that the curative act in question is within the rule; for, it is...
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Reports of Cases at Law and in Chancery Argued and Determined in ..., Volume 280

Illinois. Supreme Court - 1918 - 716 pages
...something the necessity for which the legislature might have dispensed with by prior statute, theji it is not beyond the power of the legislature to dispense...and if the irregularity consists in doing some act which the legislature might have made immaterial by prior law it is equally competent to make the same...
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A Treatise on the Constitutional Limitations which Rest Upon the Legislative ...

Thomas McIntyre Cooley - 1871 - 846 pages
...constitutes the defect in the proceedings, is something the necessity for which the legislature might have dispensed with by prior statute, then it is not beyond...competent to make the same immaterial by a subsequent law. A few of the decided cases will illustrate this principle. In Kearney v. Taylor4 a sale of real estate...
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A Treatise on the Constitutional Limitations which Rest Upon the Legislative ...

Thomas McIntyre Cooley - 1874 - 914 pages
...constitutes the defect in the proceedings, is something the necessity for which the legislature might have dispensed with by prior statute, then it is not beyond...competent to make the same immaterial by a subsequent law. A few of the decided cases will illustrate this principle. In Kearney v. Taylor3 a sale of real estate...
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Void Execution: Judicial and Probate Sales, and the Legal and Equitable ...

Abraham Clark Freeman - 1877 - 390 pages
...constitutes the defect in the proceedings, is something, the necessity for which the legislature might have dispensed with by prior statute, then it is not beyond...legislature might have made immaterial by prior law, it i& equally competent to make the same immaterial by a subsequent law."315 A partition sale was made...
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United States Reports, Supreme Court: Cases Argued and ..., Volume 7; Volume 97

United States. Supreme Court - 1879 - 784 pages
...constitutes the defect in the proceeding, is something the necessity for which the legislature might have dispensed with by prior statute, then it is not beyond...the same immaterial by a subsequent law." Cooley, Const. Lim. 371. This rule, we think, is accurately stated. The question is therefore presented, whether...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 66

Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1880 - 704 pages
...the proceedings, is something the necessity for which tbe Legislature might have dispensed with by a prior statute, then it is not beyond the power of the Legislature to dispense with it by a subsequent statute. And if the irregularity consists in doing some act, or in the mode or manner...
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The Federal Reporter: Cases Argued and Determined in the ..., Volumes 145-146

1906 - 2090 pages
...the proceedings, is something the necessity for which the Legislature might have dispensed with by a prior statute, then It Is not beyond the power of the Legislature to disease with il hy a subsequent statute. And if the irregularity consists in doing some act which the...
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Reports of Cases in Law and Equity, Determined in the Supreme ..., Volume 58

Iowa. Supreme Court - 1883 - 830 pages
...constitutes the defect in the proceedings, is something, the necessity for which the legislature might have dispensed with by prior statute, then it is not beyond...to make the same immaterial by a subsequent law." No one will doubt the power of the legislature to provide by law that a conveyance or mortgage shall...
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Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Volume 1

Franklin Hubbell Mackey, District of Columbia. Supreme Court - 1883 - 712 pages
...constitutes the defect in the proceeding, is something, the necessity for which the legislature might have dispensed with, by prior statute, then it is not beyond...is equally competent to make the same immaterial by subsequent law.'r Cooley Const. Lim., 371. Has Congress exercised this power of ratification in the...
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