Reid v. Smoulter
Pennsylvania Court of Common Pleas, Luzerne County
No. 422 January Term 1889, Sup. Ct.; court below, No. 959 October Term 1888, C. P. On October 4, 1888, Henry A. Reid presented his petition, averring that he was the duly appointed assistant clerk of the Orphans’ Court of Luzerne county; that John Smoulter, Jr., was the treasurer of said county; that there was due and owing to the petitioner, as assistant clerk of said Orphans’ Court, one quarter’s salary amounting to $450, a duly attested and countersigned bill for which…
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No. 422 January Term 1889, Sup. Ct.; court below, No. 959 October Term 1888, C. P. On October 4, 1888, Henry A. Reid presented his petition, averring that he was the duly appointed assistant clerk of the Orphans’ Court of Luzerne county; that John Smoulter, Jr., was the treasurer of said county; that there was due and owing to the petitioner, as assistant clerk of said Orphans’ Court, one quarter’s salary amounting to $450, a duly attested and countersigned bill for which had been presented by the petitioner to said treasurer; that said treasurer refused to pay said bill, alleging that the…
1Opinion of the Court
Opinion,
Mr. Justice Clark:
The general rule laid down by the learned judge of the court below as to the effect of an amendatory statute, is undoubtedly correct. A statute amendatory of another, declaring that the former shall read in a particular way, must, in general, be held to repeal all provisions not retained in the altered form. All matters not incorporated into the amendment, the latter must be held to have repealed. The authorities referred to in the opinion of the court are full upon this point, and many more might be cited in support of this general rule of construction. But *334assuming…
2Cases cited1 opinion
- Commonwealth v. GambleSupreme Court of Pennsylvania · 1869
3Cited by23 opinions
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- Lloyd v. SmithSupreme Court of Pennsylvania · 1896
- Georges Township School DirectorsSupreme Court of Pennsylvania · 1926
- Brereton EstateSupreme Court of Pennsylvania · 1946
- State ex rel. Thurmond v. City of ShreveportSupreme Court of Louisiana · 1909
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