[DOWNLOAD] "State v. School District" by Supreme Court of Montana ~ Book PDF Kindle ePub Free
eBook details
- Title: State v. School District
- Author : Supreme Court of Montana
- Release Date : January 13, 1955
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
WORDS &; PHRASES, "Day", "Nor less than 40 days, etc.," "Law" "Written Law", TIME, how computed ? CONSTITUTIONAL LAW, Supreme Court Duty, STATUTES, Construction, Stare Decisis. 1. Time ? Words &; Phrases, "Day". A "day" is a division of time or a unit of measuring it. 2. Time ? Computation, fractions of day. In computing time in which public nominating meetings for school trustees can be held, fractions of a day are to be disregarded. 3. Time ? Computation, first and last day. In computing a designated number of days for purpose of ascertaining the last day on which an act may be done, the general rule and the common-law rule is to exclude the first terminal day and to include the last, that is, the day on which the act is to be done, and this rule has been adopted by statute in Montana. 4. Time ? Meeting held within time. Where last public nominating meetings for school trustees for school district had been held on February 22, 1954, and where election was to be held on April 3, 1954, in applying the statutory rules for determining the time in which an act required by law is to be done, meetings held on February 22, 1954, were held on precisely the fortieth day before day of elections and were within time prescribed and were valid. 5. Time ? Words &; Phrases "nor less than 40 days etc.," The statutory phrase "nor less than forty (40) days before the day of election," which refers to time in which public nominating meetings - Page 244 for school trustees for school districts can be held, means not a fewer or smaller number of days than 40 days before day of election. 6. Constitutional Law ? Supreme Court not a lawmaking body. The Supreme Court is not a lawmaking body and cannot supply deficiencies in legislation or substitute judicial opinion of expediency for will of legislature. 7. Constitutional Law ? Supreme Court not concerned with wisdom of law. The Supreme Court is not concerned with the accuracy or wisdom of legislative view and policy of law, which is matter for legislative control and does not concern courts. 8. Statutes ? Duty of Supreme Court. It is duty of Supreme Court to construe the law as it finds it. 9. Constitutional Law ? Statutes, Construction of. To construe a statute is to ascertain the intent of the Legislature and not substitute the courts discretion for the clearly expressed intent and mandate of the Legislature. 10. Statutes ? Words &; Phrases "Law". "Law" is a solemn expression of will of supreme power of the state and is expressed by the Constitution and statutes. 11. Statutes ? Words &; Phrases "Written Law". The "written law" of state is contained in Constitution and statutes and in Constitution and statutes of the United States. 12. Constitutional Law ? Written law must prevail over court. The written law must prevail as against the declaration or promulgation by court of an opposing rule at variance with and contrary to such written law. 13. Courts ? Effect of rule of Stare Decisis. The rule of stare decisis is not so imperative or inflexible as to preclude a departure therefrom in any case, but its application must be determined is each case by discretion of the court, and previous decisions should not be followed to extent that error may be perpetuated and grievous wrong be the result. 14. Constitutional Law ? Constitutionality, when decided. Constitutionality of a statute will be determined by the court only when such determination is necessary to decision in the case before it.