 | Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - 1913 - 996 páginas
...speaking for the court, says: 'An unconstitutional act is not a law; it confers no rights; it imposes no duties; it affords no protection; it creates no office...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... | |
 | New Jersey. Supreme Court - 1917 - 840 páginas
...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 - 668 páginas
...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 as though it had never been passed. Norton v. Shelby County, 118 US, 425; State v. Kiesewetter, 45 Ohio St., 261 ; State, ex rel, v. Halliday,... | |
 | 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 - 694 páginas
...speaking for the court, says: "An unconstitutional act is not a law; it confers no rights; it imposes no duties; it affords no protection; it creates no office;...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 - 1266 páginas
...Shelby County (118 US 425) : " An unconstitutional act is not law, it confers no right, it imposes no duties, it affords no protection, it creates no office;...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 - 2074 páginas
...the instruments sued on? "An unconstitutional act is not a law. It confers no rights; it imposes no duties; it affords no protection; it creates no office;...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... | |
 | 1899 - 2058 páginas
...argument beyond this statement. An unconstitutional act is not a law; it confers no rights; it imposes no duties; It affords no protection; it creates no office;...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... | |
 | 1918 - 1214 páginas
...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... | |
 | 1910 - 1164 páginas
...* * beyond this statement An unconstitutional act is not a law. it confers no rights. It imposes no duties. It affords no protection. It creates no office....as Inoperative as though It had never been passed." Chief Justice Gummere declares precisely the opposite: "A statute creating an office •with prescribed... | |
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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. 
