Somerset & Stoystown Road
Supreme Court of Pennsylvania
Certiorari to the Court of Quarter Sessions of Somerset county: No. 70, to May Term 1873. In the matter of a public road from Somerset to Stoystown.
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Certiorari to the Court of Quarter Sessions of Somerset county: No. 70, to May Term 1873. In the matter of a public road from Somerset to Stoystown. On the 19th of February 1872, a petition was presented to the Court of Quarter Sessions of Somerset county, setting forth “that a road from Somerset borough to the borough of Stoystown was laid out on the-day of-- 1798, and ordered to be opened -feet wide, and that part of said road from the north-west corner of the lot of George W. Pile, in Somerset borough, to the south-west corner of the lot of Henry E. Knepper, in Somerset township, is found…
1Opinion of the Court
The opinion of the court was delivered, July 2d 1873, by
Sharswood, J. —
The repeal of statutes by implication is certainly not favored. Where there are two affirmative statutes on the same subject, there must be a clear inconsistency or repug*63nancy between them in order that the later one shall produce this result: Street v. The Commonwealth, 6 W. & S. 209; Bank v. The Commonwealth, 10 Barr 448; Brown v. The County Commissioners, 9 Harris 37; Opdyke’s Appeal, 13 Wright 373. Yet a subsequent affirmative statute is a repeal by implication of a former one made concerning the same matter, if it…
2Cases cited3 opinions
- Street v. CommonwealthSupreme Court of Pennsylvania · 1843
- Newville Road CaseSupreme Court of Pennsylvania · 1839
- Case of the Road in the Borough of EastonSupreme Court of Pennsylvania · 1831
3Cited by24 opinions
- Harr, SEC. of Bkg. v. BoucherSuperior Court of Pennsylvania · 1940
- Commonwealth ex rel. Schrier v. RugglesSupreme Court of Pennsylvania · 1924
- Rothwell v. California BoroughSuperior Court of Pennsylvania · 1902
- Road in Cassville BoroughSuperior Court of Pennsylvania · 1897
- McCall v. Delaware, Lackawanna & Western R. R.Superior Court of Pennsylvania · 1919
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