Agricultural & Mechanical College v. Lacy
Supreme Court of North Carolina
ActioN by the Board of Trustees of the Agricultural and Mechanical College for the Colored Race against B. R. Lacy, State Treasurer, heard by Judge Thos. J. Shaw, at December Term, 1901, of the Superior Court of Guilfobd County.
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ActioN by the Board of Trustees of the Agricultural and Mechanical College for the Colored Race against B. R. Lacy, State Treasurer, heard by Judge Thos. J. Shaw, at December Term, 1901, of the Superior Court of Guilfobd County. The facts stated in the controversy without action are as follows: I. That the General Assembly of the State of North Carolina, during the session of 1891, passed an act, reference being made to the entire act, known as “An act to establish an Agricultural and Mechanical College for the Colored Race,” being Chapter 549' of the Acts of 1891, the material portion of…
1Opinion of the Court
CLARK and MONTGOMERY, JJ., dissenting. Was section 10 of chapter (369) 549, Laws 1891, repealed by chapter 146, Laws 1895? This is the issue raised by the facts agreed and presented for our decision by the case on appeal. Defendant contends that while the repeal is not in express terms, yet it is by necessary implication. This contention is handicapped in the outset with the presumption against it. A statute will not be construed as repealing a prior one on the same subject (in the absence of express words to that effect) unless there is an irreconcilable repugnancy between them, or unless…
2Cases cited1 opinion
- State v. Davis.Supreme Court of North Carolina · 1901
3Cited by4 opinions
- Story v. Board of Commissioners of Alamance CountySupreme Court of North Carolina · 1922
- Sanatorium v. . State TreasurerSupreme Court of North Carolina · 1917
- Southern Ry. Co. v. McNeillU.S. Circuit Court for the District of Eastern North Carolina · 1907
- Sanatorium v. . State TreasurerSupreme Court of North Carolina · 1917