Erie v. Bootz
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Erie county: No. 137, to October and November Term 1871. This was a scire facias on a lien for a municipal claim issued February 20th 1870, by the city of Erie against a piece of land fronting on Peach street, and Jacob Bootz owner. The lien was for the amount assessed for making a pavement in Peach street.
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Error to the Court of Common Pleas of Erie county: No. 137, to October and November Term 1871. This was a scire facias on a lien for a municipal claim issued February 20th 1870, by the city of Erie against a piece of land fronting on Peach street, and Jacob Bootz owner. The lien was for the amount assessed for making a pavement in Peach street. The city of Erie was incorporated by Act of May 1st 1861. Sect. 1. Authorizes the city councils “ to cause to be graded, paved, macadamized, repaired or otherwise improved, any public street or part thereof, which is now or may hereafter be laid out…
1Opinion of the Court
The opinion of the court was delivered, by
Sharswood, J.
— The question presented for our determination upon this record lies within a very narrow compass. The general principles of the law upon the subject of the implied repeal of statutes are well settled by the decisions, and indeed are not in dispute. Implied repeals are not favored. If two statutes can stand together, the posterior does not abrogate the prior. This is indeed but the application of a general canon of interpretation— that the whole course of legislation, like the whole of a deed or other instrument of private parties, is to…
2Cited by9 opinions
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- Commonwealth v. VetterleinSuperior Court of Pennsylvania · 1902
- Southwestern National Bank v. RiegnerSupreme Court of Pennsylvania · 1927
- Commonwealth v. FrySupreme Court of Pennsylvania · 1897
- Scranton v. JermynSupreme Court of Pennsylvania · 1893
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