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" The constitutional validity of a law is to be tested, not by what has been done under it, but by what may, by its authority, be done. "
Lawyers' Reports Annotated - Página 309
1891
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Reports of Cases at Law and in Chancery Argued and Determined in ..., Volume 291

Illinois. Supreme Court - 1920 - 694 páginas
...give them the right to a hearing and an opportunity to be heard. * * * The constitutional validity of law is to be tested, not by what has been done under it but by what may by its authority be done." The doctrine thus announced has been followed in many other cases. Coe v. Armour Fertilizer Works,...
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The Federal Reporter: Cases Argued and Determined in the ..., Volumes 9-10

1882 - 1904 páginas
...such a law that the assessment has, in fact, been fairly apportioned. The constitutional validity of law is to be tested, not by what has been done under it, but by what may, by its authority, be done." Earl, J., 188. It may be that the tax assessed against the shareholders of complainant is no more onerous...
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The Pacific Reporter, Volume 3

1884 - 938 páginas
...just. A valid assessment cannot be made under an invalid law or ordinance, and its constitutionality is to be tested not by what has been done under it, but by what it authorizes to be done by virtue of its provisions. This is the doctrine of the following cases,...
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The Pacific Reporter, Volume 3

1884 - 980 páginas
...invalid. A valid assessment cannot be made under an invalid law or ordinance, and its constitutionality ia to be tested not by what has been done under it, but by what is authorized to be done by virtue of its provisions. Error to district court of Arapahoe county. JH...
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The Atlantic Reporter, Volume 106

1919 - 926 páginas
...such a law, that the assessment has in fact been fairly apportioned. The constitutional validity of law is to be tested, not by what has been done under it, but by what may by Its authority be done," and the same tests must be applied to ordinances. Hagerstown v. B. & ORR Co., 107 Md. 178, 68 Atl....
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Atlantic Reporter, Volume 20

1891 - 1132 páginas
...such a law, that the assessment has in fact been fairly apportioned. The constitutional validity of law is to be tested, not by what has been done under it, but by what may by its author* ity be done." Stuart v. Palmer, supra. But we do not admit that, had notice been given the...
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The Southern Reporter, Volume 48

1909 - 1152 páginas
...law and of construction as are applicable thereto. The validity of the contract should be determined not by what has been done under it, but by what may be done under it, by what will be Its real tendency with reference to trade and monopoly when In full...
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United States Reports: Cases Adjudged in the Supreme Court, Volume 125

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1888 - 766 páginas
...such a law, that the assessment has in fact been fairly apportioned. The constitutional validity of law is to be tested, not by what has been done under it, but by what may by its authority be done. The legislature may prescribe the kind of notice, and the mode in which it shall be given, but it cannot...
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The New York Supplement, Volume 93

1905 - 1266 páginas
...constitutionality of such law, that the questions involved have been fairly decided. The essential validity of the law is to be tested not by what has been done under it, but by what may by its authority be done. Stuart v. Palmer, supra ; Oilman v. Tucker, 128 NY 190, 200, 28 NE 1040, 13 LRA 304, 26 Am. St. Rep....
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The New York Supplement, Volume 89

1904 - 1246 páginas
...assessment has In fact been fairly apportioned. The constitutional validity of law is to be decided, not by what has been done under it, but by what may by its authority be done. The Legislature may prescribe the kind of notice and the mode in which it shall be given, but it cannot...
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