 | 1910 - 1164 페이지
...Incumbent. » * * beyond this statement An unconstitutional act is not a law. it confers no rights. It imposes no duties. It affords no protection. It...as Inoperative as though It had never been passed." Chief Justice Gummere declares precisely the opposite: "A statute creating an office •with prescribed... | |
 | 1908 - 1160 페이지
...office never came into existence; that "an unconstitutional act is not a law — it confers no rights, It Imposes no duties, it affords no protection, It...as inoperative as though it had never been passed." Notwithstanding the great weight which the opinion of so distinguished a jurist carries with it, notwithstanding... | |
 | 1902 - 1284 페이지
...unconstitutional, and the bonds issued by such board for this reason void, said: "An unconstitutional act Is not a law. It confers no right. It imposes no duties. It...as inoperative as though it had never been passed." Cooley, Const. Llm. (5th Ed.) 224. In Bacon v. Russell, 57 Tex. 416, the court pronounced an act of... | |
 | 1905 - 1028 페이지
...must be a de jure office for him to fill. "An unconstitutional act Is not a law. It confers no rights. It Imposes no duties. It affords no protection. It...as inoperative as though it had never been passed." Norton v. Shelby County, 118 US 425, 6 Sup. Ct 1121, 30 L. Ed. 178. If the petitioner wished, through... | |
 | 1913 - 1336 페이지
...Field, in 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...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... | |
 | Georgia. Supreme Court - 1895 - 924 페이지
...; it confers no rights ; it imposes no duties ; it 316 GEORGIA SOUTHERN E. Co. v. TRUST Co. [94 Ga. affords no protection ; it creates no office ; it...as inoperative as though it had never been passed " ; and accordingly, it was held that the acts of a person assuming to perform the duties of an office... | |
 | John Downey Works - 1894 - 956 페이지
...by any argument beyond this statement: An unconstitutional act is not a law; it confers no rights; it imposes no duties; it affords no protection ; it...as inoperative as though it had never been passed. . . . Numerous cases are cited in which expressions are used which, read apart from the facts of the... | |
 | California. Supreme Court - 1894 - 796 페이지
...not a law. It confers no rights. It imposes no Jan. 1894.] STATE I. &. I. Co. v. SAN FRANCISCO. 135 duties. It affords no protection. It creates no office....as inoperative as though it had never been passed." It is also insisted that respondents are estopped from disputing the validity of the bonds by retaining... | |
 | Abraham Clark Freeman - 1896 - 1036 페이지
...law; it confers no rights; it imposes no duties; *'• it affords no protection; it creates nooffice; it is, in legal contemplation, as inoperative as though it had never been passed"; and, accordingly, it was held that the acts of a person assuming to perform the duties of an office... | |
 | Henry Campbell Black - 1897 - 864 페이지
...inoperative so long as the decision stands. "An unconstitutional act is not a law. It confers no rights; it imposes no duties; it affords no protection; it...as inoperative as though it had never been passed." *0 And if the statute is adjudged unconstitutional in part, that part which is rejected will be a nullity.... | |
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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 inopera,tive as though it had never been passed. 
