Georgia Reports Volume 39

Georgia Reports Volume 39

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1870 edition. Excerpt: ... Admitting, for argument's sake, that by this Act the Legislature probably intended to suspend the Dormant Judgment Act, (though the language is very inappropriate for the purpose, ) the reply is, as we think, conclusive that this Act has been solemnly pronounced by this Court null andvoid, as in violation of the Constitution of the United States. It is immaterial whether the Court was right or not. It is a judgment by I which we are bound under the Constitution and laws of this State. The Act of March 6th, 1866, expressly only suspends the Acts referred to, so far as they are aflected by that Act. Now this Court has held that the Act of March 6th, 1866, never was the law; it was void; it had no force; it effected nothing. Aycocla vs. Mariin, 37 Ga., 124. The strange doctrine has been advanced here that even unconstitutional law is good while it stands; that the citizen may act upon it with impunity, is perhaps true, but that he can acquire rights under it, as to third persons, or that he can be excused, by virtue of it, from duties due to others, so as to save rights to himself dependant upon these duties, is not true. A Court might hesitate to punish its oflicer for failing to ignore an unconstitutional law, because in such cases it acts in its discretion, but it would be absurd to insist that a man can acquire rights under a void law. This very point was ably discussed before the Supreme Court of Pennsylvania, and decided adversely to the claim of such vitality for a void law. In that case, the Supreme Court of the State had declared a certain statute constitutional; while this decision stood unreversed, the Statute of Limitations was running against a claim which Carey had against Hudson. Subsequently the Supreme Court of more

Product details

  • Paperback | 284 pages
  • 189 x 246 x 15mm | 513g
  • United States
  • English
  • black & white illustrations
  • 1236899970
  • 9781236899972