An unconstitutional act is not a law; it confers no rights; it imposes no duties; it affords no protection; it creates no office; it is, in legal contemplation, as inoperative as though it had never been passed. The New York Supplement - Page 7281901Full view - About this book
| Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - Law reports, digests, etc - 1913 - 996 pages
...where Mr. Justice Field, in speaking for the court, says: 'An unconstitutional act is not a law; it confers no rights; it imposes no duties; it affords...inopera,tive as though it had never been passed.' "If this be true, how can any officer, who is responsible for his official acts and who has taken the... | |
| Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - Law reports, digests, etc - 1913 - 1002 pages
...Supreme Court said: "An unconstitutional act is not a law. It confers no rights; it imposes no duties; it creates no office; it is, in legal contemplation,...as inoperative as though it had never been passed;" and laid down the doctrine that the acts of public officers exercising authority under an unconstitutional... | |
| New Jersey. Supreme Court - Law reports, digests, etc - 1917 - 840 pages
...position, such adjudication is absolutely without force. It determines no right; it affords no protection. It is in legal contemplation as inoperative as though it had never been promulgated. It is as much beyond the powers or functions of the Civil Service Commission to adjudicate... | |
| Ohio. Supreme Court - Law reports, digests, etc - 1911 - 668 pages
...law; it confers no rights; it imposes no duties; it affords no proArgument for Respondent. tection; it creates no office; it is, in legal contemplation,...though it had never been passed. Norton v. Shelby County, 118 US, 425; State v. Kiesewetter, 45 Ohio St., 261 ; State, ex rel, v. Halliday, 63 Ohio St.,... | |
| Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - Law reports, digests, etc - 1911 - 694 pages
...where Mr. Justice Field, in speaking for the court, says: "An unconstitutional act is not a law; it confers no rights; it imposes no duties; it affords...as inoperative as though it had never been passed." If this be true, how can any officer, who is responsible for his official acts and who has taken the... | |
| American Bar Association - Bar associations - 1912 - 1266 pages
...Xorton vs. Shelby County (118 US 425) : " An unconstitutional act is not law, it confers no right, it imposes no duties, it affords no protection, it...as inoperative as though it had never been passed." When invoked in a case, courts simply disregard it as so much waste paper and enforce the constitution... | |
| Law reports, digests, etc - 1894 - 2074 pages
...unconstitutional, what is the standing of the instruments sued on? "An unconstitutional act is not a law. It confers no rights; it imposes no duties; it affords...had never been passed." Norton v. Shelby Co., 118 US 441, 6 Sup. Ct. 1121. The road commissioners were authorized, by section 6 of the act, to issue certificates... | |
| Law reports, digests, etc - 1899 - 2058 pages
...difficult to meet it by any argument beyond this statement. An unconstitutional act is not a law; it confers no rights; it imposes no duties; It affords...in legal contemplation, as Inoperative as though It Lad never been passed." In the case at bar the constitutionality of the act under which the defendant... | |
| Law reports, digests, etc - 1902 - 1172 pages
...Shelby Co., 118 US 425, 15 Sup. Ot. 1121, 30 L. Ed. 178, says: "An unconstitutional act is not a law; it confers no rights; it imposes no duties; it affords...as inoperative as though it had never been passed." I have no desire to dispute the familiar and well-recognized rule of law, when part of a statute is... | |
| Law reports, digests, etc - 1918 - 1214 pages
...void, that it confers no rights, imposes no duties, affords no protection, and creates no office, and is in legal contemplation as inoperative as though it had never been passed. An examination of the cases supporting the rule that the corporate existence of a municipality or corporation... | |
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