The anti-assignment statute was held not to prevent the American corporation from suing for a refund of taxes paid by the British corporation.

Since this type of item was not in the statute when section 381 was enacted in 1954, one cannot say with certainty what effect the enactment of that section should have.

In England it was first imposed by statute in the reign of Elizabeth I of England ( 1558 ) and its form has more than once been altered since.

The Statute of Bankrupts of 1542 was the first statute under English law dealing with bankruptcy or insolvency.

It was never " law ", even though, if it had been a statute or statutory provision, it might have been adopted according to the procedures for adopting legislation.

Sometimes the problem is not that a statute is unconstitutional, but the application of it is, on a particular occasion, and a court may decide that while there are ways it could be applied that are constitutional, that instance was not allowed or legitimate.

As another example, the Supreme Court of the United States in 1877, held that a Michigan statute that established rules for solemnization of marriages did not abolish pre-existing common-law marriage, because the statute did not affirmatively require statutory solemnization and was silent as to preexisting common law.

It was settled in the case of United States v. Hudson and Goodwin,, which decided that federal courts had no jurisdiction to define new common law crimes, and that there must always be a ( constitutional ) statute defining the offense and the penalty for it.

For example, following the American Revolution in 1776, one of the first legislative acts undertaken by each of the newly independent states was to adopt a " reception statute " that gave legal effect to the existing body of English common law to the extent that American legislation or the Constitution had not explicitly rejected English law.

" Thus, even when reception was effected by a constitution, the common law was still subject to alteration by a legislature's statute.

No reception statute was necessary.

When Hong Kong was handed over to China in 1997, Hong Kong retained the common law through a reception statute in Chapter I, Article 8 of the Basic Law of Hong Kong:

Fermanagh was made into a county by statute of Elizabeth I, but it was not until the time of the Plantation of Ulster that it was finally brought under civil government.

The founding statute, or contract, of such an organisation was called lex, ' law '.

Newfoundland never ratified the statute, so it was still subject to imperial authority when its entire system of government and economy collapsed in the mid-1930s.

In the 2000 constitution, where diverse constitutional laws were unified into one statute, the leading role of the President was slightly moderated.

Although the wine gallon had been used for centuries for import duty purposes there was no legal standard of it in the Exchequer and a smaller gallon was actually in use, so this statute became necessary.

It was held that executive action is not immune from judicial review simply because it uses powers derived from common law rather than statute ( thus the prerogative is reviewable ).

William was opposed to the imposition of such constraints, but he chose not to engage in a conflict with Parliament and agreed to abide by the statute.

In Agostini v. Felton, the entanglement prong of the Lemon test was demoted to simply being a factor in determining the effect of the challenged statute or practice.

The village officials did not contest these allegations, but instead challenged the dissolution statute itself as contrary to the home rule provisions of the Ohio Constitution.

Twice in the 1990s residents voted to incorporate as a town, and for a time the community maintained a municipal government, but the incorporation was challenged in court and eventually overturned after the state statute under which Midtown incorporated was ruled unconstitutional.

The taxpaying railroads challenged this law, based on a conflicting federal statute of 1866 which gave them privileges inconsistent with state taxation ( 14 Stat.

In Tileston v. Ullman ( 1943 ), a doctor and mother challenged the statute on the grounds that a ban on contraception could, in certain situations, threaten the lives and well-being of patients.

The court overturned its previous ruling on the same issue in the 1986 case Bowers v. Hardwick, where it upheld a challenged Georgia statute and did not find a constitutional protection of sexual privacy.

The statute could not be challenged until ten years later but did not totally exclude the possibility of an ultimate change.

In October 2007, Illinois enacted legislation to require public schools to provide students with a moment of silence at the start of the school day, a statute that is currently being challenged in Illinois state courts.

Prior to the enactment of the Canadian Charter of Rights and Freedoms in 1982 ( and continuing to the present day ), it was fairly common for a provincial law to be challenged on the grounds that it was a criminal statute, and thus ultra vires or beyond the province's legislative authority.

He challenged the statute as a violation of international law at the International Covenant on Civil and Political Rights and Human Rights Committee.

The same plaintiffs challenged the amended statute and accompanying regulations, but the new version was upheld by American Library Association v. Reno, 33 F. 3d 78 ( D. C. Cir.

The court appears to have ultimately presumed that Proposition 22 did indeed apply to in-state arrangements deemed to be " marriages ," but held that the challenged wrongful death statute did not violate that prohibition:

As with Armijo, the Knight court upheld the challenged statute on the grounds that it did not constitute a " marriage " for purposes of Prop 22 or Section 300.

The statute was challenged by Pleasant Ridge and Lathrup Village before being upheld by the Michigan Supreme Court.

Lawyers for the American Liberty League challenged the validity of the Wagner Act ( National Labor Relations Act ), but in 1937, the United States Supreme Court upheld the constitutionality of the statute.

The Court was given appellate jurisdiction over decisions of the federal circuit courts as well as decisions by state courts holding invalid any statute or treaty of the United States ; or holding valid any state law or practice that was challenged as being inconsistent with the federal constitution, treaties, or laws ; or rejecting any claim made by a party under a provision of the federal constitution, treaties, or laws.

Once again, the statute was challenged, in the case of DeLaney v. Thompson ( 1998 ).

A black man convicted of murder by an all-white jury challenged a West Virginia statute excluding blacks from serving on juries.

Former Attorney General William Wirt, the Cherokee's lawyer, argued that the challenged Georgia statute was void, inter alia, " ecause it is repugnant to a law of the United States passed in 1803 entitled ' an act to regulate trade and intercourse with Indian tribes, and to preserve peace on the frontiers.

( 2 ) The Court does not have jurisdiction over the issue because the Attorney General and INS enforced the challenged statute and thereby effectively waived their right to challenge it.

The same statute would later be challenged yet again ( successfully ) in Griswold v. Connecticut ( 1965 ).

These regulations were challenged on the grounds that they were not permissibly within the scope of the statute and that they violated the First, Fourth, and Fifth Amendments to the U. S. Constitution.

The Court of Appeals agreed that it might indeed be the case that the political designation is a racial designation under the state's statute, yet " the constitutionality of the racial classification that underlies the trusts and OHA is not challenged in this case.

The efficacy of a DAPT may also be challenged under the Supremacy clause of the U. S. Constitution, under the applicable fraudulent transfer statute, or because the settlor retained some prohibited control over the trust.