Hoole v. Kinkead
Nevada Supreme Court
Application for mandamus. The facts are stated in the opinion. I. A statute that imposes a duty and gives the means of performing it is mandatory. (Feazie v. China, 50 Me. 518; Boren v. Commissioners, 21 Ohio, 321 et seq.; 19 Id. 97, especially 108, 109; People v. Contracting Board, 46 Barb. 256.) II. Statutory requisitions are deemed directory, only when they relate to some immaterial matter, where a compliance is a matter of convenience rather than substance.
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Application for mandamus. The facts are stated in the opinion. I. A statute that imposes a duty and gives the means of performing it is mandatory. (Feazie v. China, 50 Me. 518; Boren v. Commissioners, 21 Ohio, 321 et seq.; 19 Id. 97, especially 108, 109; People v. Contracting Board, 46 Barb. 256.) II. Statutory requisitions are deemed directory, only when they relate to some immaterial matter, where a compliance is a matter of convenience rather than substance. (Sedg. on Stat. and Con. Law, 321; People v. Schermerhorn, 19 Barb. 540; Steel v. Steel, 1 Nev. 27; Corbett v. Bradley, 7 Id. 106.)…
1Opinion of the Court
By the Court,
Leonaed, 0. J.:
Uuder the statute of this state, passed at the last session of the legislature (Stat. 1881, 59), respondents invited proposals for the erection of an insane asylum at Eeno, according to plans and specifications previously adopted. Bids were presented by different parties, and among them were those of plaintiff, offering to furnish all materials and do all the work for the completion of the buildings, for the sum of fifty-two thousand dollars, and of certain citizens of Eeno offering to furnish the same materials, and do the same work, for the sum of sixty thousand…
2Cited by28 opinions
- State ex rel. Powell v. State Medical Examining BoardSupreme Court of Minnesota · 1884
- Hannan v. Bd. of Educ. of City of LawtonSupreme Court of Oklahoma · 1909
- State v. RuggeriUtah Supreme Court · 1967
- Gulf Oil Corp. v. Clark CountyNevada Supreme Court · 1978
- Madison v. Harbor BoardCourt of Appeals of Maryland · 1892
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