McMillan v. Board of County Commissioners
Supreme Court of Oklahoma
Error from the District Court of Payne Countyj before Jno. H. Bur ford, Trial Judge. STATEMENT OE FACTS. This was an action by the plaintiffs in error as plaintiffs in the court below, to enjoin the defendants in error from the levy and collection of certain taxes upon the taxpayers of Perkins township, Payne county, O. T., in satisfaction of a certain contract entered into by the board of count}'' commissioners of said county with the Midland Bridge Company of Kansas City,…
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Error from the District Court of Payne Countyj before Jno. H. Bur ford, Trial Judge. STATEMENT OE FACTS. This was an action by the plaintiffs in error as plaintiffs in the court below, to enjoin the defendants in error from the levy and collection of certain taxes upon the taxpayers of Perkins township, Payne county, O. T., in satisfaction of a certain contract entered into by the board of count}'' commissioners of said county with the Midland Bridge Company of Kansas City, for the construction of a bridge across the Cimarron river in said Perkins township, by the terms whereof Perkins…
1Opinion of the Court
Opinion of the court by
Gillette, J.:
It is urged on behalf of plaintiff that the district court erred in not holding the act of March 11, 1903, repealed by implication in the passage of the act of March 17, 1903, authorizing the construction of bridges.
It is almost a stereotyped expression to say that repeals by implication are not favored.
In Carpenter v. Russell, 13 Okla. 277, 73 Pac. 930, this court, following U. S. v. Greathouse, 166 U. S. 601, states the rule as follows:
“It' is also a well -settled rule in construing statutory provisions that repeals by implication are not favored, and…
2Cases cited13 opinions
- Edye v. RobertsonSupreme Court of the United States · 1884
- United States v. ClaflinSupreme Court of the United States · 1878
- Board of Supervisors v. WeiderIllinois Supreme Court · 1872
- Board of Commissioners v. BaconIndiana Supreme Court · 1884
- Carpenter v. RussellSupreme Court of Oklahoma · 1903
8 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- State Ex Rel. Special Road District No. 8 v. MillisMontana Supreme Court · 1927
- Gill v. Goldfield Consolidated Mines Co.Nevada Supreme Court · 1919
- Swensen v. Southern Pac. Co.Oregon Supreme Court · 1918
- Beaty v. State Ex Rel. LeeSupreme Court of Oklahoma · 1913
- Newland v. HattenSupreme Court of Oklahoma · 1923
1 more not listed; retrieve them via the Exa API.