 | Abraham Clark Freeman - 1910 - 1292 страници
...acts of its assumed incumbent 233 It is difficult to meet it by any argument beyond this statement. An unconstitutional act is not a law ; it confers...as inoperative as though it had never been passed." Chief Justice Gummere declares precisely the opposite: "A statute creating an office with prescribed... | |
 | Albert Constantineau - 1910 - 860 страници
...abolished by au Act Field, J., delivering the opinion of the Supreme Court in Norton vs Shelby County,19 "is not a law; it confers no rights ; it imposes no...as inoperative as though it had never been passed." 20 And further on, he adds: "Numerous cases are cited in which expressions are used which, read apart... | |
 | Westel Woodbury Willoughby - 1910 - 728 страници
...no legal rights or liabilities can be founded upon it. In Xorton v. Shelby C'o.,° Mr. Justice Field says: "An unconstitutional act is not a law, it confers...office; it is, in legal contemplation, as inoperative as (hough it had never been passed." An exception to this doctrine, and, to the author's mind, an illogical... | |
 | 1910 - 1412 страници
...interpret such an act, or act under it without any attempt to construe it, "it affords no protection; creates no office. It is in legal contemplation as inoperative as though it had never been passed." Now Chief Justice Butler in discussing Brown v. O'Connell says: "The inference to be drawn from these... | |
 | John Forrest Dillon - 1911 - 802 страници
...into existence. The view of the court on this point is tersely slimmed up in this sentence (/&., 442): "An unconstitutional act is not a law; it confers...as inoperative as though it had never been passed." As to de ¡ado corporations and dc ¡ado officers see Index, Office and Officers; ante, §§ 67, 395.... | |
 | Eugene McQuillin - 1911 - 956 страници
...a legislative recognition of such municipal corporations;31 because "an unconstitutional act is not law; it confers no rights; it imposes no duties; it...contemplation, as inoperative as though it had never been passed."32 But it has been held in New Jersey that a municipal corporation created under an unconstitutional... | |
 | Abraham Clark Freeman - 1911 - 1230 страници
...broad form, amounts to nothing else. It is difficult to meet it by any argument beyond this ptatement. An unconstitutional act is not a law; it confers no...creates no office; it is, in legal contemplation, aa inoperative as though it had never been passed." The decision in Hildreth's Heirs v. Mclntire's... | |
 | Harry Sanger Richards - 1912 - 896 страници
...void law is no law. It is said in Norton v. Shelby County, 118 US 442, 6 Sup. Ct. 1125, 30 L. Ed. 178: "An un/constitutional act is not a law. It confers...as inoperative as though it had never been passed." It is also insisted that respondents are estopped from disputing the validity of the bonds by retaining... | |
 | American Bar Association - 1912 - 1290 страници
...no law, or as said by Mr. Justice Field, in the case of Norton t>s. Shelby County (118 TJ. S. 425) : it is, in legal contemplation, 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... | |
 | Oscar Liebreich - 1913 - 648 страници
...as was held in Norton v. Shelby County,43 "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." Any individual may disregard a void law as he may disregard a void judgment, and in so doing subject... | |
| |
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. 
