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" Before the rule can be applied in any case of a statute prohibiting or enjoining things to be done, with a prohibition and a penalty, or a penalty only for doing a thing which it forbids... "
Benjamin's Treatise on the Law of Sale of Personal Property: With References ... - Page 713
by Judah Philip Benjamin - 1884 - 1314 pages
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The Law of Contracts: A Course of Lectures

John William Smith - Contracts - 1853 - 488 pages
...and brought in; and the Court, in holding the contract itself not vitiated by this statute, said, " We have concluded, before the rule can be applied...a penalty only for doing a thing which it forbids, principle that, though a man cannot defend himself from liability upon his contract made by deed by...
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A Treatise on the Rules which Govern the Interpretation and Application of ...

Theodore Sedgwick - Constitutional history - 1857 - 770 pages
...contravention of it are void, in the sense that they are not to be enforced in a court of justice ; that the statute must be examined as a whole, to find out whether or not the makers meant that a contract in contravention of it was to be void, so as not to be enforced in a court of...
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Cases Decided in the United States Court of Claims ... with ..., Volume 147

United States. Court of Claims, Audrey Bernhardt - Law reports, digests, etc - 1962 - 712 pages
...Rwvnels, this courtj after noticing some fluctuations in the course of decision, and observing "that we have concluded, before the rule can be applied...penalty, or a penalty only for doing a thing which it foroids, that the statute must be examined as a whole, to find out whether or not the makers of it...
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A Treatise on the Rules which Govern the Interpretation and Construction of ...

Theodore Sedgwick - Constitutional law - 1874 - 750 pages
...contravention of it are void, in the sense that they are not to be enforced in a court of justice; that the statute must be examined as a whole, to find out whether or not the makers meant that a contract in contravention of it was to be void, so as not to be enforced in a court of...
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Cases Argued and Adjudged in the Supreme Court of the United States, Volume 98

United States. Supreme Court - Law reports, digests, etc - 1879 - 696 pages
...forfeiture is prescribed and explicitly defined. In Harris v. Runnels (12 How. 79), this court said that " the statute must be examined as a whole, to find out whether or not the makers meant that a contract in contravention of it was to be void, so as not to be enforced in a court of...
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National Bank Cases: Containing All Decisions of Both the Federal ..., Volume 2

Irving Browne - National banks (United States). - 1880 - 638 pages
...forfeiture is prescribed and explicitly defined. In Harris v. Runnels, 12 How. 79, this court said that "the statute must be examined as a whole to find out whether or not the makers meant that a contract in contravention of it was to be void, 8O as not to be enforced in a court of...
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The Doctrine of Ultra Vires: Illustrated and Explained by Selected Cases ...

George Washington Field - Ultra vires - 1881 - 620 pages
...forfeiture is prescribed and explicitly defined. In Harris v. Runnells (12 How., 79), this court said, that "the statute must be examined as a whole, to find out whether or not the maker meant that a contract in contravention of it was to be void, so as not to be enforced in a court...
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Federal Decisions: Cases Argued and Determined in the Supreme ..., Volume 3

Law reports, digests, etc - 1884 - 1126 pages
...forfeiture is prescribed and explicitly defined. In Harris v. Runnels, 12 How., 79, this court said that " the statute must be examined as a whole, to find out whether or not the makers meant that a contract in contravention of it was to be void, so as not to be enforced in a court of...
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The Pacific Reporter, Volume 169

Law reports, digests, etc - 1918 - 1212 pages
...reluctant to enforce a forfeiture. In Harris v. Runnels, 12 How, (US) 79, 13 L. Ed. 901, It Is snid the statute must be examined as a whole, to find out whether or not the makers meant that a contract in contravention of it was to be void or not to be enforced In a court of justice....
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The Southwestern Reporter, Volume 43

Law reports, digests, etc - 1898 - 1204 pages
...prohlbita. and mala In se; but as said by Mr. Justice Swayne in the case of Harris v. Runnels, 12 How. 79: 'Before the rule can be applied in any 'case of a...whole, to find out whether or not the makers of It intended that a contract made In contravention of it should be void. It does not follow that the unlawfulness...
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