Highway Commission v. . Varner
Supreme Court of North Carolina
ActioN for a mandamus. Appealed from Kerr, J., at January Term, 1921, of Halifax. The object of tbe action is to compel the defendants to comply with the following provisions of Public Laws of 1913, chapter 65, as amended by Public Laws of 1915, chapter 52, the amended law being as follows: “Section 1. That the directors of the State’s Prison be and they are hereby authorized and directed to repair and construct by use of convicts of the State’s Prison a public highway in…
Read the full summary
ActioN for a mandamus. Appealed from Kerr, J., at January Term, 1921, of Halifax. The object of tbe action is to compel the defendants to comply with the following provisions of Public Laws of 1913, chapter 65, as amended by Public Laws of 1915, chapter 52, the amended law being as follows: “Section 1. That the directors of the State’s Prison be and they are hereby authorized and directed to repair and construct by use of convicts of the State’s Prison a public highway in Halifax Township, Halifax County, leading from the town of Halifax to Connoconnara Swamp in the direction of the State…
1Opinion of the Court
Walker, J.,
after stating the case: The question on which the decision of this case turns is whether the act of 1919 repealed the acts of 1913 and 1915 so as to destroy the plaintiff’s cause of action. We are of the opinion that they did, plainly and expressly, or, at least, with sufficient certainty to show that it was the intention of the Legislature to do so. If the Legislature had simply created the “highway commission of Halifax County” without more, the contention of the plaintiff would have some plausibility, and would impress us more favorably, but the language of the act of 1919 is so…
2Cases cited7 opinions
- United States v. FisherSupreme Court of the United States · 1805
- Hamilton v. RathboneSupreme Court of the United States · 1899
- Doe v. ConsidineSupreme Court of the United States · 1868
- Dewey v. United StatesSupreme Court of the United States · 1900
- Thornley v. United StatesSupreme Court of the United States · 1885
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Manning v. Atlantic & Yadkin Railway Co.Supreme Court of North Carolina · 1924
- Ryan v. . ReynoldsSupreme Court of North Carolina · 1925
- Manning v. Atlantic & Yadkin Railway Co.Supreme Court of North Carolina · 1924