Collins v. State
South Dakota Supreme Court
Original fiction by D. E. Collins against the state to recover for services as state veterinary surgeon. The repeal' of a law by implication is not favored by the courts.-2 Barb. 316; Naylor v. Field, 29 N. J. 287; State v. Berry, 12 Iowa, 525; Dodge v. Ludley, 10 Ohio, 177; State v. Com., 37 N. J. 240; Atty. Gen. v. Railroad, 35 Wis. 425; Rounds v. Waymart, 81 Pa. St. 395; Henderson’s Tobacco, 11 Wall. 652; Atty. Gen. v. Smith, 1 Wis. 525; Somerset v. Jones, 74 Pa.
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Original fiction by D. E. Collins against the state to recover for services as state veterinary surgeon. The repeal' of a law by implication is not favored by the courts.-2 Barb. 316; Naylor v. Field, 29 N. J. 287; State v. Berry, 12 Iowa, 525; Dodge v. Ludley, 10 Ohio, 177; State v. Com., 37 N. J. 240; Atty. Gen. v. Railroad, 35 Wis. 425; Rounds v. Waymart, 81 Pa. St. 395; Henderson’s Tobacco, 11 Wall. 652; Atty. Gen. v. Smith, 1 Wis. 525; Somerset v. Jones, 74 Pa. St. 61; Covington v. East St. L., 78 HI. 548. The repugnancy between two statutes should be very clear to warrant a court in…
1Opinion of the CourtBennett, J.
This is an original action brought to recover the sum of $1,300 alleged to be due the plaintiff for services as veterinary surgeon of the state. The complaint alleges that the plaintiff was duly appointed, qualified, and acted as veterinary surgeon; and that by virtue of his appointment, qualification, and acts as such there is due him, as a balance on his salary, between' the 8th day of March, 1889, and the 8th day of March, 1890, the *20sum of $1,300. To this complaint the attorney general files a demurrer, upon the ground that it does not state facts sufficient to constitute a cause of…
2Cases cited6 opinions
- United States v. TynenSupreme Court of the United States · 1871
- Murdock v. City of MemphisSupreme Court of the United States · 1875
- King v. CornellSupreme Court of the United States · 1882
- McCool v. SmithSupreme Court of the United States · 1862
- United States v. MitchellSupreme Court of the United States · 1883
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3Cited by5 opinions
- State ex rel. Jones v. ClausenWashington Supreme Court · 1914
- Somers v. StateSouth Dakota Supreme Court · 1894
- State ex rel. Edgerly v. CurrieNorth Dakota Supreme Court · 1893
- Meade County Bank v. ReevesSouth Dakota Supreme Court · 1900
- Pietz v. StateSouth Dakota Supreme Court · 1936