The Effect of an Unconstitutional StatuteBeard Books, 1999 - 368 σελίδες |
Περιεχόμενα
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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 |
CXVI | 351 |
Άλλες εκδόσεις - Προβολή όλων
Συχνά εμφανιζόμενοι όροι και φράσεις
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
Δημοφιλή αποσπάσματα
Σελίδα 31 - Parties must take the consequences of the position they assume. They are estopped to deny the reality of the state of things which they have made appear to exist, and upon which others have been led to rely. Sound ethics require that the apparent, in its effects and consequences, should be as if it were real, and the law properly so regards it.
Σελίδα 243 - suits in equity shall not be sustained in either of the courts of the United States in any case where a plain, adequate, and complete remedy may be had at law.
Σελίδα 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...
Σελίδα 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.
Σελίδα 118 - The last section shall not be construed to affect the validity of acts done by a person exercising the functions of a public office in fact, where other persons than himself are interested in maintaining the validity of such acts.
Σελίδα 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.
Σελίδα 31 - A party who has contracted with a corporation dc facto as such cannot be permitted, after having received the benefits of his contract, to allege any defect in the organization of such corporation, as affecting its capacity to enforce such contract, but all such objections, if valid, are available only on behalf of the sovereign power of the state. • » * And this rule applies even where the corporation is organized under a law alleged to be unconstitutional.
Σελίδα 101 - An officer de facto is one whose acts, though not those of a lawful officer, the law, upon principles of policy and justice, will hold valid so far as they involve the interests of the public and third persons, where the duties of the office...
Σελίδα 101 - ... fourth, under color of an election or appointment by or pursuant to a public unconstitutional law, before the same is adjudged to be such.
Σελίδα 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