Capobinco v. Samorak

The trial judge in setting aside the order for a new bond, evidently construed § 5891 as being permissive and discretionary in that the word “may” rather than “shall” is used in conferring the jurisdiction upon the court. It is familiar law that it is often necessary to construe the word “may” as equivalent to “shall” in a statute in order to effectuate the legislative intent, which must in all cases govern. In a way each statute must be construed by itself in connection with the apparent legislative intent regarding the right or remedy which is created. There are, however, some general rules…