 | Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - 1913 - 996 sider
...Ed. 178), where Mr. Justice Field, in speaking for the court, says: 'An unconstitutional act is not a law; it confers no rights; it imposes no duties; it...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 sider
...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 - 662 sider
...Taft & Arter and Messrs. Griswold & White, for defendants in error. An unconstitutional act is not a law; it confers no rights ; 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 - 1911 - 668 sider
...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... | |
 | 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 sider
...Ed. 178), where Mr. Justice Field, in speaking for the court, says: "An unconstitutional act is not a law; it confers no rights; it imposes no duties; it...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 sider
...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... | |
 | 1894 - 2074 sider
...unconstitutional, what is the standing of the instruments sued on? "An unconstitutional act is not a law. It confers no rights; it imposes no duties; it...though it had never been passed." Norton v. Shelby Co., 118 US 441, 6 Sup. Ct. 1121. The road commissioners were authorized, by section 6 of the act,... | |
 | 1899 - 2058 sider
...It Is difficult to meet it by any argument beyond this statement. An unconstitutional act is not a law; it confers no rights; it imposes no duties; It...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... | |
 | 1902 - 1172 sider
...v. Shelby Co., 118 US 425, 15 Sup. Ot. 1121, 30 L. Ed. 178, says: "An unconstitutional act is not a law; it confers no rights; it imposes no duties; it...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... | |
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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. 
