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. Reports of Cases Determined in the Supreme Court of the Territory of Utah - Page 418by Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Alonzo Blair Irvine, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1911Full view - About this book
| Oscar Liebreich - Therapeutics - 1913 - 648 pages
...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... | |
| United States - 1913 - 1128 pages
...as we held in Norton v. Shelby County ' — 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... | |
| Ralph W. Breckenridge - Constitutional law - 1913 - 24 pages
...held in Norton v, Shelby County ' — • 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... | |
| Law - 1914 - 1370 pages
...Beach, 70 SE 137, 138, 8 Ga. App. 720 (citing 5 Words and Phrases, pp. 4021, 4022). Unconstitutional act "An unconstitutional act is not a law. It confers...no duties. It affords no protection. It creates no offense. It Is in legal contemplation as inoperative as though It had never been passed." Wright v.... | |
| Virginia. State Corporation Commission - Communication and traffic - 1914 - 714 pages
...Heights, in Amherst county, was repugnant to the Constitution, says: "The act being unconstitutional, it is not a law. It confers no rights; it imposes no duties; if affords no proteetion; it creates no office; it is, in legal contemplation, inoperative as though... | |
| George A. Malcolm - Law - 1916 - 824 pages
...repugnant to the fundamental law to be invalid and void.183 The effect of invalidity is that the invalid act "is not a law; it confers no rights ; it imposes...as inoperative as though it had never been passed." u* The courts will further apply the well established rule concerning partial invalidity. "Where part... | |
| William Henry Harris - Municipal bonds - 1917 - 496 pages
...Grenada County Supervisors v. Brodgen. 112 US 261, 5 Sup. Ct. Rep. 125, 28 L. Ed. 704. 659. (Tenn. 1886.) "An unconstitutional act is not a law; it confers...as inoperative as though it had never been passed." Norton v. Shelby County, 118 US 425, 6 Sup. Ct. 1121, 30 L. Ed. 178. CONSTITUTIONAL LAW. Self"executing... | |
| Rome Green Brown - Constitutional law - 1917 - 1002 pages
...of Norton v. 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... | |
| Rome Green Brown - 1917 - 890 pages
...Norton v. Shelby County (118 U. a, 425) : An unconstitutional act Is not law, It confers no right, it imposes no duties, it affords no protection, it...creates no office; it is, in legal contemplation, as inoporative as though it had never been passed. When invoked in a case, courts simply disregard it... | |
| Law - 1914 - 318 pages
...authority in support of this position is Norton v. Shelby County, 118 US 425, wherein Justice Field said : "An unconstitutional act is not a law ; it confers...as inoperative as though it had never been passed. . . . Where an office exists under the law, it matters not how the appointment of the incumbent is... | |
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