Legal Opinion

Longino v. Hanley

Supreme Court of Georgia

Decided April 15, 1937No. 11683PublishedCited by 6 opinions

1Opinion of the Court

Atkinson, Justice.

A controlling question is upon construction of the resolution. Are the words “are authorized to refund,” considered with the context, mandatory or merely permissive? It'is declared in the Code, § 102-103; “The following meanings shall be given to the following words in all statutes, unless a different meaning is apparent from the context: . . May ordinarily denotes permission and not command. Where the word as used in a statute concerns the public interest or affects the rights of third persons it will be construed to mean ‘'must5 or “’shall/” See also Mason v. Fearson, 9…

2Cases cited10 opinions

  1. Leeper v. StateCourt of Appeals of Texas · 1890
  2. Jennings v. SuggsSupreme Court of Georgia · 1935
  3. Whitley v. StateSupreme Court of Georgia · 1910
  4. Georgia, Florida & Alabama Railway Co. v. SasserSupreme Court of Georgia · 1908
  5. Smith v. FullerSupreme Court of Georgia · 1910

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3Cited by6 opinions

  1. Week v. Big Bunker Hill Mining Corp.Supreme Court of Georgia · 1941
  2. McCook v. LongSupreme Court of Georgia · 1942
  3. CROSBY Et Al. v. JOHNSON Et Al.Court of Appeals of Georgia · 2015
  4. Bethel v. FlemingCourt of Appeals of Georgia · 2011
  5. Washburn v. MacNeillSupreme Court of Georgia · 1949

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