Nusser v. Commonwealth
Supreme Court of Pennsylvania
Error to the Common Pleas of Allegheny county. On the 6th July, 1855, the plaintiff in error was summarily convicted before a justice of peace, under the 2d section of the Act of 14th April, 1851, relating to the granting of tavern licenses in Allegheny and Clarion counties, of selling malt liquor on the Sabbath day. The case was taken by certiorari to the Common Pleas of Allegheny county, and there affirmed.
1Opinion of the Court
The judgment of the Court was delivered by
Lewis, C. J.
It is a familiar principle that a subsequent statute is a repeal of all repugnant provisions in a prior one. This is *127horn-book law, and it needs neither maxims nor authorities to support it. Where the prior enactment is local, and the new one general in its operation, the maxim applies with undiminished force; because the whole includes the several parts, and all local laws establishing one rule for one portion of the community, and a different one for the remaining portion, are inconvenient and of doubtful propriety except where they…
2Cited by9 opinions
- Estate of Pigeon v. StevensSupreme Court of Oklahoma · 1921
- Commonwealth ex rel. Cambria County v. LloydSuperior Court of Pennsylvania · 1896
- Best v. Baumgardner, Eberman & Co.Supreme Court of Pennsylvania · 1888
- Commonwealth v. GrossSuperior Court of Pennsylvania · 1941
- Harrigill v. StateCourt of Criminal Appeals of Oklahoma · 1950
4 more not listed; retrieve them via the Exa API.