 | Ohio. Circuit Court - 1907 - 678 страници
...Shelby County, decided in 1886, and found in the ll!S United States Reports at page 426. iu the syllabus says: "An unconstitutional act is not a law; it confers...no duties, it affords no protection, it creates no offices. It is in legal contemplation as inoperative as though it had never been passed." The unconstitutional... | |
 | Abraham Clark Freeman - 1908 - 1196 страници
...office never came into existence; that "an unconstitutional act is not a law — it confers no right ; it imposes no duties ; it affords no protection ;...as inoperative as though it had never been passed." Notwithstanding the great weight which the opinion of so distinguished a jurist 459 carries with it;... | |
 | 1909 - 898 страници
...rights. This theory is well expressed by Mr. Justice Field in Norton v. Shelby County, 118 US 442; " An unconstitutional act is not a law; it confers no...as inoperative as though it had never been passed." But the legal practice is different: (l) The federal courts protect contract rights acquired under... | |
 | William Sullivan Pattee - 1909 - 310 страници
...not a law. It cannot be and not be a law at the same instant. In the language of Justice Brewer,'' an unconstitutional act is not a law; it confers no...as inoperative as though it had never been passed." 14 It is a nullity and consequently a Board of Commissioners assuming to exist under an unconstitutional... | |
 | William Sullivan Pattee - 1909 - 304 страници
...is not a law. It cannot be and not be a law at the same instant. In the language of Justice Brewer, "an unconstitutional act is not a law; it confers...it creates no office ; it is in legal contemplation 13 Day vs. McAllister, 15 Gray 433. as inoperative as though it had never been passed." M It is a nullity... | |
 | Joseph Asbury Joyce - 1909 - 1272 страници
...Validating Statutes — Waiver or Correction of Defect or Irregularity. — An unconstitutional statute is not a law; it confers no rights; it imposes no duties; it affords no Colorado: City of Colorado Springs Pennsylvania: Horn & Brannan v. Weirlle (Colo., 1908), 93 Pac. 1096.... | |
 | 1909 - 1294 страници
...unconstitutional legislative enactHeadnotes by MARSHALL, J. ment, though law in form, is in fact not law at all. "It confers no rights; it imposes no duties; it affords no protection; . . . it is in legal contemplation as inoperative as though it had never been passed." Constitution — duty... | |
 | 1910 - 1304 страници
...and is the doctrine United States, as appears from the case of Norton v. Shelby County, 118 US 442, 6 Sup. Ct. 1125 (30 L. Ed. 178), where Mr. Justice Field,...passed." If this be true, how can any officer, who le responsible for his official acts and who has, taken the required oath of office that he "will support,... | |
 | Westel Woodbury Willoughby - 1910 - 1170 страници
...no legal rights or liabilities can be founded upon it. In Xorton v. Shelby Co.,8 Mr. Justice Field says: "An unconstitutional act is not a law, it confers...as inoperative as though it had never been passed." An exception to this doctrine, and, to the author's mind, an illogical and ill-considered one, is that... | |
| |
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. 
