| Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - 1913 - Страниц: 996
...US, 442, 6 Sup. Ct., 1125 (30 L. Ed. 178), where Mr. Justice Field, in speaking for the court, says: 'An unconstitutional act is not a law; it confers...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 - 1913 - Страниц: 1002
...question is Norton v. Shelby County, 118 US, 425, 30 L. Ed., 178. In that case the 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;"... | |
| New Jersey. Supreme Court - 1917 - Страниц: 840
...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 - 1911 - Страниц: 662
...Defendants in Error. Messrs. Smith, Taft & Arter and Messrs. Griswold & White, for defendants in error. An unconstitutional act is not a law; it confers no...; it imposes no duties ; it affords no protection; creates no office; it is in legal contemplation, inoperative as though it has not been passed. Norton... | |
| Ohio. Supreme Court - 1911 - Страниц: 668
...Wis., 482; Tennant's Case, 3 Neb., 409; People v. Hatch, 33 11l., 9; Cooley's Const. Lim. (7 ed.), 186. An unconstitutional act is not a 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, as inoperative... | |
| 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 - 1911 - Страниц: 694
...US 442, 6 Sup. Ct. 1125 (30 L. Ed. 178), where Mr. Justice Field, in speaking for the court, says: "An unconstitutional act is not a law; it confers...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 - 1912 - Страниц: 1266
...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... | |
| 1894 - Страниц: 2074
...supreme court of Kansas. The act being unconstitutional, what is the standing of the instruments sued on? "An unconstitutional act is not a law. It confers...though it 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,... | |
| 1899 - Страниц: 2058
...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...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... | |
| 1902 - Страниц: 1172
...bad. Mr. Justice Field, In Norton v. Shelby Co., 118 US 425, 15 Sup. Ot. 1121, 30 L. Ed. 178, says: "An unconstitutional act is not a law; it confers...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... | |
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