Power v. Board of County Commissioners
Montana Supreme Court
Appeal from District Court, Choteau County. The intention of the legislature in passing the general law of 1885 was to merge all prior statutes, special as well as general, on the same subject, in the later law.
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Appeal from District Court, Choteau County. The intention of the legislature in passing the general law of 1885 was to merge all prior statutes, special as well as general, on the same subject, in the later law. Where a subsequent statute is manifestly intended as a substitute for all other statutes, general as well as special, on the same subject, and regulates the whole subject to which it relates, so far as it differs from them, “ although it contains no express words to that effect, it must, on the principles of law as well as in reason and in common sense, operate to repeal the former.”…
1Opinion of the Court
The opinion states the facts.
Galbraith, J.
At the June term of the board of county commissioners of Choteau County for 1886, respondent presented to it for allowance the account of Hon. Decius S. Wade for mileage as judge of the district court of said county, for traveling from Helena to Port Benton, to attend the term of said court for April, 1886. The board only allowed this claim at the rate of fifteen cents per mile. From this action of the board an appeal was taken to the district court, which sustained the appeal, and ordered judgment for the respondent for the difference of the mileage…
2Cited by9 opinions
- State v. SmithMontana Supreme Court · 1920
- State ex rel. Evans v. StewartMontana Supreme Court · 1916
- State v. BowkerMontana Supreme Court · 1922
- Lewis v. Petroleum CountyMontana Supreme Court · 1932
- Higgins v. GlennUtah Supreme Court · 1925
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