Engel v. O'MALLEY
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES . FOR THE SOUTHERN DISTRICT OF NEW YORK. The facts are stated in the opinion. The provision that deprives persons residing in the United States for less than five years of the right to carry on such business violates the Fourteenth Amendment. Yick Wo v. Hopkins, 118 U. S. 356. A statute that is repugnant to the Constitution is not voidable by judicial decisions but is absolutely void.
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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES . FOR THE SOUTHERN DISTRICT OF NEW YORK. The facts are stated in the opinion. The provision that deprives persons residing in the United States for less than five years of the right to carry on such business violates the Fourteenth Amendment. Yick Wo v. Hopkins, 118 U. S. 356. A statute that is repugnant to the Constitution is not voidable by judicial decisions but is absolutely void. Norton v. Shelby County, 118 U. S. 441; Ex parte Young, 209 U.S. 129. It is self-operating; it has no legal inception and never hád a legal existence. Connolly…
1Opinion of the CourtJustice Holmes
This is a bill in equity to prevent the carrying out of Chapter 348 of the Laws of New York for 1910, which forbids individuals or partnerships to engage in the business of receiving deposits of money for safe keeping or for the purpose of transmission to another or for any other purpose without a license from the Comptroller. The requirements for obtaining the license, so far as they affect the plaintiff, are that the applicant shall deposit ten thousand dollars with the Comptroller and present a bond with a penalty of not more than fifty.thousand or less than ten thousand dollars, to be…
2Cases cited9 opinions
- Gundling v. ChicagoSupreme Court of the United States · 1900
- Williams v. FearsSupreme Court of the United States · 1900
- McLean v. ArkansasSupreme Court of the United States · 1909
- New York Ex Rel. Lieberman v. Van De CarrSupreme Court of the United States · 1905
- Southern Railway Co. v. KingSupreme Court of the United States · 1910
4 more not listed; retrieve them via the Exa API.
3Cited by138 opinions
- Carmichael v. Southern Coal & Coke Co.Supreme Court of the United States · 1937
- Moore v. New York Cotton ExchangeSupreme Court of the United States · 1926
- Morey v. DoudSupreme Court of the United States · 1957
- Western Live Stock v. Bureau of RevenueSupreme Court of the United States · 1938
- Hall v. Geiger-Jones Co.Supreme Court of the United States · 1917
133 more not listed; retrieve them via the Exa API.