 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 Southwestern Reporter - Sida 1561913Obegränsad förhandsgranskning - Om den här boken
 | Albert Constantineau - 1910 - 860 sidor
...abolished by au Act Field, J., delivering the opinion of the Supreme Court in Norton vs Shelby County,19 "is not a law; it confers no rights ; it imposes no...as inoperative as though it had never been passed." 20 And further on, he adds: "Numerous cases are cited in which expressions are used which, read apart... | |
 | Westel Woodbury Willoughby - 1910 - 728 sidor
...no legal rights or liabilities can be founded upon it. In Xorton v. Shelby C'o.,° Mr. Justice Field says: "An unconstitutional act is not a law, it confers...office; it is, in legal contemplation, as inoperative as (hough it had never been passed." An exception to this doctrine, and, to the author's mind, an illogical... | |
 | 1910 - 1412 sidor
...interpret such an act, or act under it without any attempt to construe it, "it affords no protection; creates no office. It is in legal contemplation as inoperative as though it had never been passed." Now Chief Justice Butler in discussing Brown v. O'Connell says: "The inference to be drawn from these... | |
 | John Forrest Dillon - 1911 - 802 sidor
...into existence. The view of the court on this point is tersely slimmed up in this sentence (/&., 442): "An unconstitutional act is not a law; it confers...as inoperative as though it had never been passed." As to de ¡ado corporations and dc ¡ado officers see Index, Office and Officers; ante, §§ 67, 395.... | |
 | Eugene McQuillin - 1911 - 956 sidor
...a legislative recognition of such municipal corporations;31 because "an unconstitutional act is not law; it confers no rights; it imposes no duties; it...contemplation, as inoperative as though it had never been passed."32 But it has been held in New Jersey that a municipal corporation created under an unconstitutional... | |
 | Abraham Clark Freeman - 1911 - 1230 sidor
...broad form, amounts to nothing else. It is difficult to meet it by any argument beyond this ptatement. An unconstitutional act is not a law; it confers no...creates no office; it is, in legal contemplation, aa inoperative as though it had never been passed." The decision in Hildreth's Heirs v. Mclntire's... | |
 | Harry Sanger Richards - 1912 - 896 sidor
...void law is no law. It is said in Norton v. Shelby County, 118 US 442, 6 Sup. Ct. 1125, 30 L. Ed. 178: "An un/constitutional act is not a law. It confers...as inoperative as though it had never been passed." It is also insisted that respondents are estopped from disputing the validity of the bonds by retaining... | |
 | American Bar Association - 1912 - 1290 sidor
...no law, or as said by Mr. Justice Field, in the case of Norton t>s. Shelby County (118 TJ. S. 425) : it is, in legal contemplation, 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... | |
 | 1913 - 1128 sidor
...as we held in Norton v. Shelby County ' — 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. , Any individual may disregard a void law as he may disregard a void judgment, and in so doing subject... | |
 | Ralph W. Breckenridge - 1913 - 24 sidor
...held in Norton v, Shelby County ' — • 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. Any individual may disregard a void law as he may disregard a void judgment, and in so doing subject... | |
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