Toomey v. Goldsboro Lumber Co.
Supreme Court of North Carolina
Appeal by plaintiffs from Whedbee, J., at February Term, 1916, of CRAVEN. Civil action, tried on demurrer. This is .a proceeding under the Drainage Act of 1909, ch. 442, Laws 1909. The defendants demurred to the petition which was filed in accordance with section 2 of the act of 1909, upon the ground that section 2 was repealed by chapter 238, Laws 1915, and that this rendered the act of .1909 inoperative. The Drainage Act of 1909 consists of forty sections.
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Appeal by plaintiffs from Whedbee, J., at February Term, 1916, of CRAVEN. Civil action, tried on demurrer. This is .a proceeding under the Drainage Act of 1909, ch. 442, Laws 1909. The defendants demurred to the petition which was filed in accordance with section 2 of the act of 1909, upon the ground that section 2 was repealed by chapter 238, Laws 1915, and that this rendered the act of .1909 inoperative. The Drainage Act of 1909 consists of forty sections. The first section confers jurisdiction on clerks of the Superior Court to establish drainage districts, and the second sets out in…
1Opinion of the CourtAllen, J.
It is clear that the General Assembly did not intend to repeal -the Drainage Law of 1909 by the act of 1915.
In the first place, the act of 1915 purports in the title and in the body of the act to amend and not to repeal, and if the purpose had been to destroy, it would have repealed the act of 1909 instead of striking out a section of it.
Again, in the first section of the act of 1915 a new section is substituted for a section of the act of 1909, and in the second section there is an amendment to section 16 of the original act.
Why call the act amendatory and why substitute a section in the…
2Cases cited8 opinions
- Fortune v. Commissioners.Supreme Court of North Carolina · 1905
- State v. LewisSupreme Court of North Carolina · 1906
- Town of Murphy v. C. A. Webb & Co.Supreme Court of North Carolina · 1911
- School Directors of District No. 5 v. School Directors of District No. 10Illinois Supreme Court · 1874
- McLeod v. Board of CommissionersSupreme Court of North Carolina · 1908
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3Cited by3 opinions
- State v. . MaslinSupreme Court of North Carolina · 1928
- State v. . SizemoreSupreme Court of North Carolina · 1930
- Allen v. AllenCourt of Appeals of North Carolina · 1985