Reports of Cases Decided in the Supreme Court of the State of South Dakota Volume 34

Reports of Cases Decided in the Supreme Court of the State of South Dakota Volume 34

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1915 edition. Excerpt: ...construed as permissive, the facts found conclusively establish that the stone building was appurtenant to the homestead. While the word "may," when used in a statute: will often be construed "shall" or "must" when, to so construe it is necessary in order to carry out the clear intent of the statute, or to enforce a right possessed by a party, or when the statute provides that something may be done which will tend to promote justice or advance the public good, yet as a general rule the word "may" when used in a statute is permissive only, and operates to confer discrction. and "may; should never be construed "shall" or "must" for the purpose of creating a right. 36 Cyc. I160. 1161: case note 5 L. R. A. (N. S.) 340. The statute before us is permissive and not mandatory. 3 Dlo the evidentiary facts found conclusively establish that the stone building, as situated and used, was "appurtenant" to the homestead? In other words, if the trial court had found, as an ultimate fact, that such building was not appurtenant to the homestead--the very fact which perhaps it did find, but, owing to the inadvertent use of the words "dwelling house" where it should have used the word "homestead," failed to record--would this court feel bound to declare such finding not supported by the evidence, where the evidence conclusively establis-hed the evidentiary facts found by the court in this action 'but established nothing further? Appellant cites the case of /Vaggener v. Haskell, 89 Tex. 435, 35 S. /V. I. /Ve can find nothing in the opinion therein which in any manner aids us in the determination ofthe question before us. The first part of...show more

Product details

  • Paperback | 284 pages
  • 189 x 246 x 15mm | 513g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236851250
  • 9781236851253