| Floyd Russell Mechem - 1890 - 904 pages
...broad form, amounts to nothing else. It is difficult to meet it by argument beyond this statement. An unconstitutional act is not a law ; it confers...creates no office ; it is, in legal contemplation, as in• Hildreth o. Mclntire, 1 JJ 'Hildreth ft Mclntire, 1 JJ MAKSII. (Ky.) 206, 19 Am. Dec. 01; MARSH.... | |
| Georgia. Supreme Court - 1895 - 924 pages
...143, and Norton v. Shelby County, 118 US 425. One of the head-notes in the latter case is as follows: "An unconstitutional act is not a law ; it confers no rights ; it imposes no duties ; it 316 GEORGIA SOUTHERN E. Co. v. TRUST Co. [94 Ga. affords no protection ; it creates no office ; it... | |
| Andrew Jackson Baker - 1891 - 378 pages
...US 586. 26. Unconstitutional law no law. — An unconstitutional law is no law. It confers no right, it imposes no duties, it affords no protection, it creates no office,— it is wholly inoperative. Norton v. Shelby County, 118 US 425. it is not within the power of congress thereafter... | |
| New York (State). Courts - 1901 - 974 pages
...then that statute offends the constitutional provision before quoted (art. X, § 2), is void and " confers no rights ; it imposes no duties; it affords...as inoperative as though it had never been passed." Newton v. Shelby, 118 IT. S. 442. Thus we have here presented for consideration the situation contemplated... | |
| John Downey Works - 1894 - 956 pages
...broad form, amounts to nothing else. It is difficult to meet it by any argument beyond this statement: An unconstitutional act is not a law; it confers no...as inoperative as though it had never been passed. . . . Numerous cases are cited in which expressions are used which, read apart from the facts of the... | |
| California. Supreme Court - 1894 - 796 pages
...commissioners nor corporation, and a void law is no law. It is said in Norton v. Shelby County, 118 US 442: "An unconstitutional act is not a law. It confers no rights. It imposes no Jan. 1894.] STATE I. &. I. Co. v. SAN FRANCISCO. 135 duties. It affords no protection. It creates no... | |
| United States. Comptroller of the Treasury - 1896 - 764 pages
...able judge in Nortonv. Shelby Covnty (118 US, 442) : "An unconstitutional act is not a law ; itconfers no rights : it imposes no duties ; it affords no protection...in legal contemplation, as inoperative as though it bad never been passed." And this from the opinion of Attorney- General Speed (11 Opin. AG, 214), where,... | |
| Abraham Clark Freeman - 1896 - 1036 pages
...143, and Norton v. Shelby County, 118 US 425. One of the headnotes in the latter case is as follows: " An unconstitutional act is not a law; it confers no...duties; *'• it affords no protection; it creates nooffice; it is, in legal contemplation, as inoperative as though it had never been passed"; and, accordingly,... | |
| Henry Campbell Black - 1897 - 860 pages
...court in a proper case, makes the statute entirely null and inoperative so long as the decision stands. "An unconstitutional act is not a law. It confers...as inoperative as though it had never been passed." *0 And if the statute is adjudged unconstitutional in part, that part which is rejected will be a nullity.... | |
| Henry Campbell Black - 1897 - 792 pages
...court in a proper case, makes the statute entirely null and inoperative so long as the decision stands. "An unconstitutional act is not a law. It confers...contemplation, as inoperative as though it had never been passed."4* And if the statute is adjudged unconstitutional in part, that part which is rejected will... | |
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