Boyett v. Cowling
Supreme Court of Arkansas
Appeal from Hempstead Circuit Court; Joel D. Conway, Judge; 1. Sections 647 and 648 were repealed by the act approved March 14, 1881. Acts 1881, pp. 73, 74 and 75. The whole subject covered by the statute (act 1875) was covered by the act of 1881, and the latter was evidently intended as a substitute for the former.
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Appeal from Hempstead Circuit Court; Joel D. Conway, Judge; 1. Sections 647 and 648 were repealed by the act approved March 14, 1881. Acts 1881, pp. 73, 74 and 75. The whole subject covered by the statute (act 1875) was covered by the act of 1881, and the latter was evidently intended as a substitute for the former. Where the Legislature takes up a whole subject anew, and covers the entire ground of the subject-matter of a former statute, and evidently intended it a substitute for it, the prior act will be repealed thereby, although there may be no express words to that effect, and there may…
1Opinion of the CourtHill, C. J.
Ruff Boyett was assessor of Hempstead County, and was re-elected to said office without opposition in the general election of September, 1904. On the 21st of November he wrote the Secretary of State requesting his commission as assessor, and sending the fee, $2, therefor. On December 2, 1904, the Governor took the position that the failure of Boyett to apply for his commission within 60 days and pay the fee therefor and file his duplicate oath of office within fifteen days after the receipt of the commission, vacated the office, and he thereupon appointed L. E. Cowling assessor. This suit…
2Cases cited4 opinions
- State ex rel. Berge v. LansingNebraska Supreme Court · 1895
- State v. JohnsonSupreme Court of Arkansas · 1870
- Hyde v. StateMississippi Supreme Court · 1876
- Chism v. MartinSupreme Court of Arkansas · 1892
3Cited by5 opinions
- Commonwealth v. DiStasioMassachusetts Supreme Judicial Court · 1937
- Justice v. CampbellSupreme Court of Arkansas · 1967
- Hill v. GoodwinSupreme Court of Arkansas · 1907
- Ashby v. PatrickSupreme Court of Arkansas · 1930
- Meador v. WarringtonSupreme Court of Arkansas · 1957