 | Law reports, digests, etc - 1888 - 942 pages
...law and the constitution apply to a particular case, so that the court must either decide that case conformably to the law, disregarding the constitution,...these conflicting rules governs the case. This is of the very essence of judicial duty. If, then, the courts are to regard the constitution, and the... | |
 | Georgia Bar Association - Bar associations - 1908 - 308 pages
...both the law and the Constitution apply to a particular case, so that the court must decide the case conformably to the law. disregarding the Constitution,...these conflicting rules governs the case. This is of the very essence of judicial duty." No one will question the right of the State court to issue an... | |
 | Law - 1903 - 658 pages
...law and the Constitution apply to a particular case, so that the court must either decide that case conformably to the law, disregarding the Constitution,...conformably to the Constitution, disregarding the liw— the court must determine which of these conflicting rules govern the case. This is of the very... | |
 | John Ordronaux - Constitutional law - 1891 - 716 pages
...law and the Constitution apply to a particular case, so that the Court must either decide that case conformably to the law, disregarding the Constitution...these conflicting rules governs the case. This is of the very essence of judicial duty. If then the Courts are to regard the Constitution, and the Constitution... | |
 | Hampton Lawrence Carson - Judges - 1892 - 472 pages
...case, so that the Court must either decide that case conformably to the MARSHALL v. JEFFERSON. 205 law, disregarding the Constitution, or conformably...of these conflicting rules governs the case This is of the very essence of judicial duty. If, then, the Courts are to regard the Constitution, and the... | |
 | Brinton Coxe - Constitutional law - 1893 - 446 pages
...must either decide that case con" formably to law, disregarding the constitution; or con' ' formably to the constitution, disregarding the law : the '...court must determine which of these conflicting rules govern " the case. This is of the very essence of judicial duty. "If then the courts are to regard... | |
 | James Bradley Thayer - Constitutional law - 1894 - 470 pages
...law and the Constitution apply to a particular case, so that the court must either decide that case conformably to the law, disregarding the Constitution,...these conflicting rules governs the case. This is of the very essence of judicial duty. If, then, the courts are to regard the Constitution, and the... | |
 | New York (N.Y.) - 1916 - 412 pages
...Constitution apply to a particular case so that the court must either decide that case cpmfprmably to the law, disregarding the Constitution, or conformably...these conflicting rules governs the case. This is of the very essence of judicial duty. " ' If, then, the courts are to regard the Constitution, and... | |
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So if a law be in opposition to the constitution, if both the law and the constitution apply to a particular case so that the court must either decide that case conformably to the law disregarding the constitution or conformably to the constitution disregarding... 
