Legal Opinion

DeHoff v. Myers

Ohio Court of Appeals

Decided October 17, 1929No. 941Published

1Opinion of the CourtHouck, J.

Mandatory stautes are imperative and must be strictly construed, otherwise the proceeding which is taken ostensibly by virtue thereof will be void. Compliance therewith substantially is a condition precedent, that is, the validity of acts done under a mandatory statute depends on a compliance with its provisions.

The vital question presented in this case is as to whether or not there has been a substantial compliance with the statutory provisions governing the questioned election. If there has been such, then the claim of the plaintiff must fall. See 2nd Sutherland on Statutory Construction,…

2Cases cited1 opinion

  1. Reifsnyder v. Canton Fertilizer & Chemical Co.Ohio Court of Appeals · 1918

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