Varney doctrine (Kentucky) · Go Syfert
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Varney doctrine in Kentucky

5 Kentucky opinions name it 2 courts 2016–2017 0 in the last five years

The cases below were cited by Kentucky courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Skaggs v. Fyffe, Judgegreen
kyctapphigh · 1936 · cited in 3 Kentucky opinions naming this issue, 2016–2016
2 sentences

2016“Whether a statute is to be deemed directory or mandatory depends, *700 not on form, but on the legislative intent, which is to be ascertained by interpretation from consideration of the entire act, its nature and object, and the consequence of construction one way or the other.” Skaggs v. Fyffe, 266 Ky. 337 , 98 S.W.2d 884, 886 (1936).

2016“Whether a statute is to be deemed directory or mandatory depends, *700 not on form, but on the legislative intent, which is to be ascertained by interpretation from consideration of the entire act, its nature and object, and the consequence of construction one way or the other.” Skaggs v. Fyffe, 266 Ky. 337 , 98 S.W.2d 884, 886 (1936).

33
Varney v. Justicegreen
kyctapp · 1888 · cited in 3 Kentucky opinions naming this issue, 2016–2017
2 sentences

2017As defined in Varney v. Justice, 86 Ky. 596 , 6 S.W. 457, 459 (1888), a statutory requirement is “directory ... if the directions given by the statute to accomplish a given end are violated, but the given end is in fact accomplished, without affecting the real merits of the case[.]” Under the Varney doctrine, the violation of mandatory, nondiscretionary provisions of election statutes are fatal to the election results while the violation of directory provisions do not affect election results.

2017As defined in Varney v. Justice, 86 Ky. 596 , 6 S.W. 457, 459 (1888), a statutory requirement is “directory ... if the directions given by the statute to accomplish a given end are violated, but the given end is in fact accomplished, without affecting the real merits of the case[.]” Under the Varney doctrine, the violation of mandatory, nondiscretionary provisions of election statutes are fatal to the election results while the violation of directory provisions do not affect election results.

13

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Kentucky. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Magoffin County Board of Elections v. John Montgomery green
ky · 2016
2 sentences

2017Hardin, 495 S.W.3d at 699 .

2017Hardin, 495 S.W.3d at 699 .

12017–2017

Statutes the citing opinions construe

KY § Ky. Rev. Stat. § 117.075 (4) KY § Ky. Rev. Stat. § 117.085 (4) KY § Ky. Rev. Stat. § 117.087 (4) KY § Ky. Rev. Stat. § 117.225 (4) KY § Ky. Rev. Stat. § 117.227 (4) KY § Ky. Rev. Stat. § 117.255 (4) KY § Ky. Rev. Stat. § 120.015 (4) KY § Ky. Rev. Stat. § 120.155 (4) KY § Ky. Rev. Stat. § 120.165 (4) KY § Ky. Rev. Stat. § 121.055 (4) KY § Ky. Rev. Stat. § 117.088 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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