 It is true that a statute, containing a prohibition and a penalty, makes the act which it punishes unlawful, and the same may be implied from a penalty without a prohibition; but it does not follow that the unlawfulness of the act was meant by the legislature...  The Southwestern Reporter - Page 2401898Full view - About this book
 | Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - 1901 - 704 pages
...prohibita and mala in se, but, as said by Mr. Justice Swayne, in the case of Harris v. Runnels, 12 Howard, 79: 'Before the rule can be applied in any case of...property was not in his warehouse, yet the subsequent delivery of the receipt by the renewal in September, 1874, upon the consideration that the liability... | |
 | John William Smith - 1853 - 488 pages
...act which it punishes unlawful, and the same may be implied from a penalty without a prohibition; but it does not follow that the unlawfulness of the act...legislature to avoid a contract made in contravention of it; when the statute is silent, and contains nothing from which the contrary can be properly inferred,... | |
 | United States. Court of Claims, Audrey Bernhardt - 1962 - 712 pages
...which it punishes unlawful, and the same may be implied from a penalty without a prohibition ; but it does not follow that the unlawfulness of the act...legislature to avoid a contract made in contravention of it. When the statute is silent, and contains nothing from which the contrary can be properly inferred,... | |
 | United States. Supreme Court, Benjamin Robbins Curtis - 1870 - 746 pages
...act which it punishes unlawful, and the same may be implied from a penalty without a prohibition; but it does not follow that the unlawfulness of the act...legislature to avoid a contract made in contravention of it. When the statute is silent, and contains nothing from which the contrary can be properly inferred,... | |
 | Lewis Hamilton Bond, United States. Circuit Court (6th Circuit) - 1872 - 526 pages
...which it punishes unlawful, and the same may be implied from a penalty without a prohibition ; but it does not follow that the unlawfulness of the act...legislature to avoid a contract made in contravention of it. When the statute is silent, and contains nothing from which the contrary can be inferred, a contract... | |
 | 1874 - 742 pages
...which it punishes unlawful, and the same may be implied from a penalty without a prohibition ; but it does not follow that the unlawfulness of the act...legislature to avoid a contract made in contravention of it. When the statute is silent and contains nothing from which the contrary can be inferred, a contract... | |
 | Lorenzo Smith Boswell Sawyer, United States. Circuit Court (9th Circuit) - 1875 - 786 pages
...act which it punishes unlawful, and the same may be implied from a penalty without a prohibition; but it does not follow, that the unlawfulness of the act was meant by the legislature to avoid 1873.] Opinion of the Court — Deady, J. n contract in contravention of it. When the statute is silent,... | |
 | United States. Circuit Court (7th Circuit), Josiah Hooker Bissell - 1876 - 590 pages
...revenue. Where a statute prohibits or annexes a penalty to its commission, the act is made unlawful, but it does not follow that the unlawfulness of the act...legislature to avoid a contract made in contravention of it. Where a statute is silent, and contains nothing from which the contrary can properly be inferred, a... | |
 | John William Smith - 1878 - 596 pages
...which it punishes unlawful, and the same may be implied from a penalty without a prohibition : but it does not follow that the unlawfulness of the act...legislature to avoid a contract made in contravention of it, ON CONTRACTS BY DEED. 18 ,of examples might be given, but these are sufficient to establish the principle,... | |
 | Isaac Grant Thompson - 1878 - 864 pages
...act which it punishes unlawful, and the same may bo implied from a penalty without a prohibition; but it does not follow that the unlawfulness of the act...legislature to avoid a contract made in contravention of it. When the statute is silent, and contains nothing from which the contrary can be properly inferred,... | |
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