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. Reports of Cases Determined in the Supreme Court of the Territory of Utah - Page 418by Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Alonzo Blair Irvine, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1911Full 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 - 1002 pages
...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 - 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 - 662 pages
...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 - Law reports, digests, etc - 1911 - 668 pages
...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... | |
| 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
...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...as inoperative as though it had never been passed." Norton v. Shelby Co., 118 US 441, 6 Sup. Ct. 1121. The road commissioners were authorized, by section... | |
| Law reports, digests, etc - 1899 - 2058 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...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
...or all 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... | |
| 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... | |
| Law reports, digests, etc - 1894 - 1156 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...inoperative as though It " had never been passed." The result was that the bonds issued by this unconstitutional board, before the unconstitutlonality... | |
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