Green v. Graves
Michigan Supreme Court
Case certified from St. Joseph Circuit Court. Assumpsit upon a promissory note made by the defendant, for the sum of $100, dated the 22d day of July, 1838, and payable to the Bank of Niles.
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Case certified from St. Joseph Circuit Court. Assumpsit upon a promissory note made by the defendant, for the sum of $100, dated the 22d day of July, 1838, and payable to the Bank of Niles. The declaration set forth the note, and averred that the Bank of Niles was an institution organized under the act to organize and regulate banking associations, approved March 15th, 1837, and that, on the 14th day of September, 1839, the plaintiff was duly appointed by the Chancellor, Receiver of the property and effects of that institution. The defendant demurred generally to the declaration ; insisting,…
1Opinion of the CourtWhipple, J.
In support of the demurrer, it is insisted that the act to organize and regulate banking associations, under which the Bank of Niles was organized, is repugnant both to the letter and to the spirit of the second section of the twelfth article of the constitution of this state, which provides, that “ The Legislature shall pass no act of incorporation, unless with the assent of at least two-thirds of each house.”
The authority of this Court, to declare laws which are passed in violation of the constitution, void and inoperative, cannot be questioned. The duty to do so, when a proper case is…
2Cited by48 opinions
- Payton v. New YorkSupreme Court of the United States · 1980
- United States v. WatsonSupreme Court of the United States · 1975
- In re DayIllinois Supreme Court · 1899
- Union Bank of Richmond v. Commissioners of OxfordSupreme Court of North Carolina · 1896
- Spangler v. JacobyIllinois Supreme Court · 1853
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