 | John Davison Lawson - 1905 - 726 sider
...accordance with the opinion of Lord Holt, in an old case, that "Every contract made for or about any matter or thing which is prohibited and made unlawful...penalty implies a prohibition, though there are no prohibiting words In the statute."1 Some courts have ruled that when the penalty is imposed simply... | |
 | 1905 - 1096 sider
...recover money or property which he has expended in the unlawful execution of it. Or, in other words, a penalty implies a prohibition though there are no prohibitory words in the statute, and the prohibition makes the act illegal and void. . . . But, notwithstanding this general rule, it... | |
 | 1908 - 848 sider
...is prohibited and made unlawful by any statute is a void contract, tliough the statute itself does not mention that It shall be so, but only inflicts...offender, because a penalty implies a prohibition, tliough there are no prohibitory words in the statute." The rule thus stated has been generally followed... | |
 | Henry Campbell Black - 1911 - 776 sider
..."Contracts," Dec. Dig. (Key No.) §§ 135-140; Cent. Dig. §§ 681-721. statute is a void contract, although the statute itself doth not mention that it shall...though there are no prohibitory words in the statute." *T The fundamental principle of public policy on which this rule rests is expressed in the maxim "ex... | |
 | Roger William Cooley - 1912 - 512 sider
...recover money or property which he has expended in the unlawful execution of it. Or, in other words, a penalty implies a prohibition though there are no prohibitory words in the statute, and the prohibition makes the act illegal and void. * * * But, notwithstanding this general rule, it... | |
 | United States. Supreme Court - 1912 - 1054 sider
...statute does not mention that it shall be so, but only inflicts a penalty on the offender, because the penalty implies a prohibition, though there are no prohibitory words in the statute." 1 SHI. Lead. Cas. 284, top. This was but an affirmation of a leading Tennessee case of Isler v. Brunson,... | |
 | 1913 - 854 sider
...thing which is prohibited and made unlawful by statute is a void contract, though the statute does not mention that it shall be so, but only inflicts...though there are no prohibitory words in the statute.' " In Lindsey v. Rottaken, 32 Ark. 619, 631, it is said: "Any act which is forbidden, either by the... | |
 | William Mark McKinney, Burdett Alberto Rich - 1915 - 1240 sider
...thing which is prohibited and made unlawful by any statute, is a void contract, though the statute1 itself doth not mention that it shall be so, but only...though there are no prohibitory words in the statute. Although it might perhaps not warrant the conclusion that a penalty implies a prohibition for the purpose... | |
 | 1915 - 1062 sider
...statute itself does not mention that it shall be so, but only inflicts a penalty on the defaulter, because a penalty implies a prohibition, though there are no prohibitory words in the statute." There are some decisions In our books which apparently conflict with this rule, but they were all overruled... | |
 | 1918 - 1268 sider
...void ; in accordance with the view of Lord Holt in an old case: 'Every contract made for or about any matter or thing which is prohibited and made unlawful...penalty implies a prohibition, though there are no prohibiting words in the statute.' " Other courts have "regarded the question as one of legislative... | |
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That every contract made for or about any matter or thing which is prohibited and made unlawful by any statute is a void contract, though the statute itself doth not mention that it shall be so, but only inflicts a penalty on the offender, because a penalty... 
