The Effect of an Unconstitutional Statute |
Contents
16 | |
19 | |
XII | 28 |
XIII | 32 |
XIV | 37 |
XV | 45 |
XVI | 49 |
XVII | 51 |
XVIII | 53 |
XIX | 55 |
XX | 56 |
XXI | 62 |
XXIII | 63 |
XXIV | 65 |
XXV | 72 |
XXVI | 73 |
XXVIII | 77 |
XXIX | 79 |
XXX | 80 |
XXXI | 81 |
XXXII | 83 |
XXXIII | 84 |
XXXV | 85 |
XXXVI | 86 |
XXXVII | 88 |
XXXVIII | 90 |
XXXIX | 93 |
XL | 94 |
XLI | 100 |
XLII | 101 |
XLIII | 105 |
XLIV | 107 |
XLV | 108 |
XLVI | 113 |
XLVII | 119 |
XLVIII | 121 |
XLIX | 122 |
L | 123 |
LI | 129 |
LII | 130 |
LIII | 135 |
LV | 138 |
LVI | 141 |
LXV | 181 |
LXVI | 182 |
LXVII | 187 |
LXVIII | 191 |
LXIX | 195 |
LXX | 198 |
LXXI | 204 |
LXXII | 215 |
LXXIII | 221 |
LXXIV | 222 |
LXXV | 228 |
LXXVI | 232 |
LXXVIII | 233 |
LXXIX | 237 |
LXXX | 239 |
LXXXI | 241 |
LXXXIII | 245 |
LXXXIV | 251 |
LXXXV | 252 |
LXXXVII | 253 |
LXXXIX | 254 |
XC | 255 |
XCI | 261 |
XCIII | 264 |
XCIV | 269 |
XCV | 272 |
XCVI | 274 |
XCVII | 283 |
XCVIII | 286 |
XCIX | 288 |
C | 294 |
CI | 305 |
CII | 306 |
CV | 308 |
CVI | 309 |
CVII | 311 |
CIX | 312 |
CX | 313 |
CXII | 318 |
CXIII | 324 |
CXV | 327 |
351 | |
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Common terms and phrases
action amendment applied assailed Bank Board of Commrs bonds Chapter claim constitutional constitutionality contract County court held declared invalid defect defendant denied effect eminent domain enacted enforced estoppel ex rel facto doctrine facto officer governmental ground hold injunction invalid statute involved Iowa issued judge judgment judicial decision judicial review justice legislative legislature liability mandamus ment Minn mistake of law municipal corporation Natl Ohio St opinion organization overruling paid parties payment Pearl River County permitted person plaintiff proceedings providing question quo warranto reason recover recovery refused reliance repeal res adjudicata result rule situation stare decisis Stat statute authorizing statute creating statutory subsequent suit supra Supreme Court taxpayer Tenn tion tional Town tutional uncon unconstitutional statute United valid void ab initio warrant writ
Popular passages
Page 6 - ... operation, and calls in the aid of the judicial power to pronounce it void, as to him, his property or his rights, that the objection of unconstitutionality can be presented and sustained. Respect for the Legislature, therefore, concurs with well-established principles of law in the conclusion that such an act is not void, but voidable only; and it follows, as a necessary legal inference from this position, that this ground of avoidance can be taken advantage of by those only who have a right...
Page 1 - Contracts which depend upon it for their construction are void. It constitutes a protection to no one who has acted under it, and no one can be punished for having refused obedience to it before the decision was made.
Page 1 - 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.
Page 8 - The court may give its reasons for ignoring or disregarding the statute, but the decision affects the parties only, and there is no judgment against the statute. The opinion or reasons of the court may operate as a precedent for the determination of other similar cases, but it does not strike the statute from the statute-book ; it does not repeal, 'supersede, revoke, or annul