Summary

Portrait of Samuel Freeman Miller Samuel Freeman Miller,  Peabody v. Stark — Opinion of the Court

“ The question whether a duty imposed by statute upon a ministerial or executive officer, the performance or non-performance of which affects the rights of others, is merely directory to the officer and only confers on parties injured a right of action against the officer, or on the other hand, is a condition essential to fix the rights of other parties as between themselves, is a very common, but often a very difficult one to decide. ”
Source: Wikisource

Portrait of Samuel Freeman Miller Samuel Freeman Miller,  Peabody v. Stark — Opinion of the Court

“ It can hardly be said, then, that the statute is exclusively directed to the assessor.
The purpose of the requirement of delivering a copy to the distiller, which is manifestly to make certain to him that he will be held liable for a definite number of gallons, at all events, whether his distillery makes it or not, affords an argument of weight, that until he has this official information, a rule so harsh was not to be applied to him.
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Source: Wikisource

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