Nissley v. Lancaster County
Superior Court of Pennsylvania
Appeal, No. 71, Oct. T., 1904, by plaintiff, from judgment of C. P. Lancaster Co., Sept. T. 1903, No. 55, for defendant on case stated in suit of Clayton L. Nissley v. Lancaster County.
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Appeal, No. 71, Oct. T., 1904, by plaintiff, from judgment of C. P. Lancaster Co., Sept. T. 1903, No. 55, for defendant on case stated in suit of Clayton L. Nissley v. Lancaster County. Case stated to determine whether the directors of the poor and of the house of employment of Lancaster county were entitled to a compensation of $2.00 per day and juror’s mileage as fixed by the Act of April 14, 1864, P. L. 422, or whether they were entitled to a salary of $1,500 per year as fixed by the Act of July 2, 1895, P. L. 424, for county directors of the poor in counties containing more than 150…
1Opinion of the Court
Opinion by
Rice, P. J.,
In the recent case of Commonwealth v. Brown, 210 Pa. 29, Chief Justice Mitchell has restated the rules or principles relating to the question of the implied repeal of local laws as follows: “ The result of the cases may be summed up as follows : First, the rule that a general statute does not repeal by implication a local act with different or inconsistent provisions, is still the prevailing rule. Secondly, but the rule being founded on a presumption of legislative intent, will not apply when a contrary intent is clearly apparent. Thirdly, where the clear general intent…
2Cases cited14 opinions
- Commonwealth v. BrownSupreme Court of Pennsylvania · 1904
- Commonwealth ex rel. Cambria County v. LloydSuperior Court of Pennsylvania · 1896
- Commonwealth ex rel. McKirdy v. MacferronSupreme Court of Pennsylvania · 1893
- McCleary v. Allegheny CountySupreme Court of Pennsylvania · 1894
- Taggart v. Commonwealth ex rel. Attorney-GeneralSupreme Court of Pennsylvania · 1883
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3Cited by2 opinions
- Commonwealth v. BowditchSupreme Court of Pennsylvania · 1907
- Phillips v. KantnerSuperior Court of Pennsylvania · 1909