City of Westport ex rel. Tomb v. Jackson
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. E. L. Scarritt, Judge. (1) It is well settled law that when an amendment to a statute changes the old law in its substantial provisions, the amendment by necessary implication repeals the old law to the extent to which the new is in conflict with the old.
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Appeal from the Jackson Circuit Court. — Hon. E. L. Scarritt, Judge. (1) It is well settled law that when an amendment to a statute changes the old law in its substantial provisions, the amendment by necessary implication repeals the old law to the extent to which the new is in conflict with the old. Endlich on Int. of Statutes, sec. 195. (2) In case of absolute and irreconcilable conflict between different sections or parts of the same statute, the last words stand, and others which can. not stand with them go to the ground. Brown v. Co. Commissioners, 21 Pa. St. 42; Harrington v. Trustees,…
1Opinion of the CourtSmith, P. J.
Statement.
With the exception of the names of the parties and the amount involved this action is an. exact prototype of that of the City of Westport ex rel. Whiting v. Mastin, reported in 62 Mo. App. 647. The statement of that case will suffice for this. The defendant, in the present case, had judgment in the circuit court, and the relator has appealed. In the opinion in Mastin’s case it is said “that it is- practically conceded that the special tax must be levied by the board of aldermen, by ordinance, and the question made is, has it-been so levied within the meaning of the charter?” As we…
2Cases cited5 opinions
- Morse v. City of West PortSupreme Court of Missouri · 1892
- City of St. Louis v. LaneSupreme Court of Missouri · 1892
- City of Westport ex rel. Whiting v. MastinMissouri Court of Appeals · 1895
- Hicks v. JamisonMissouri Court of Appeals · 1881
- State ex rel. Mayor of Jefferson v. RichardsonSupreme Court of Missouri · 1865
3Cited by6 opinions
- Strottman v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1908
- United States v. JacksonCourt of Appeals for the Ninth Circuit · 1906
- Ex parte SMITHNevada Supreme Court · 1910
- Blyston-Spencer v. United Railways Co.Missouri Court of Appeals · 1910
- City of Mound City Ex Rel. Reinerts Bros. Construction Co. v. DearmontMissouri Court of Appeals · 1927
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