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" 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. "
Judicial and Statutory Definitions of Words and Phrases - Halaman 7156
1905 - 7839 halaman
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Reports of Civil and Criminal Cases Decided by the ..., Volume 5;Volume 153

Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell, Thomas Bell Monroe, John James Marshall, James Greene Dana, Benjamin Monroe, James P. Metcalfe, Alvin Duvall, William Pope Duvall Bush, John Rodman, Edward Warren Hines, Charles Cyrus Turner, Thomas Lewis Edelen, Thomas Robert McBeath, Robert G. Higdon, T. M. Jones, Amos Hall Eblen - 1913
...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...
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Reports of Civil and Criminal Cases Decided by the ..., Volume 6;Volume 154

Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell, Thomas Bell Monroe, John James Marshall, James Greene Dana, Benjamin Monroe, James P. Metcalfe, Alvin Duvall, William Pope Duvall Bush, John Rodman, Edward Warren Hines, Charles Cyrus Turner, Thomas Lewis Edelen, Thomas Robert McBeath, Robert G. Higdon, T. M. Jones, Amos Hall Eblen - 1913
...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;"...
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Reports of Cases Argued and Determined in the Supreme Court And ..., Volume 89

New Jersey. Supreme Court - 1917
...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...
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Reports of Cases Argued and Determined in the Supreme Court of Ohio, Volume 84

Ohio. Supreme Court - 1911
...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...
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Reports of Cases Argued and Determined in the Supreme Court of Ohio, Volume 83

Ohio. Supreme Court - 1911
...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...
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Reports of Cases Decided in the Supreme Court of the State of Utah, Volume 36

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
...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...
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Report of the ... Annual Meeting of the American Bar Association, Volume 37

American Bar Association - 1912
...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...
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The Federal Reporter: Cases Argued and Determined in the ..., Volume 61-62

1894
...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...
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The Federal Reporter: Cases Argued and Determined in the ..., Volume 95-96

1899
...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...
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The Pacific Reporter, Volume 174

1918
...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...
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