Baugher v. Rudd
Supreme Court of Arkansas
APPEAL from White Circuit Court. M. T. Sanders, Judge. By section 1436, Mansfield’s Digest, appeals are granted as a matter of right from all final orders and judgments of the county court.
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APPEAL from White Circuit Court. M. T. Sanders, Judge. By section 1436, Mansfield’s Digest, appeals are granted as a matter of right from all final orders and judgments of the county court. The rule is that when the legislature takes up the whole subject and covers the entire ground of other statutes and intended it as a substitute for the whole, the prior acts are repealed, 10 Ark., 589; 41 Ark., 149; 27 Ark.,418; 30 Ark., 560; 31 Ark., 17. The expression of one thing implies the exclusion of another. 38 Ark., 205; 20 Ark., 410.
1Opinion of the CourtCockrill, C. J.
Section 5940 of Mansfield’s Digest, which was enacted as a part of the road law of 1871 to establish the time and mode of- prosecuting appeals from orders of the county courts directing the opening of public roads and defining the duties of the county court and its officers in such cases, was not repealed by the subsequent enactment of section 1436 regulating appeals generally from the county court. The former is a special provision governing a class of cases in which the public interest demanded special protection. The rule of construction is, that ‘‘a general affirmative statute does not…
2Cited by7 opinions
- Cordell v. KentSupreme Court of Arkansas · 1927
- State v. Southwestern Land & Timber Co.Supreme Court of Arkansas · 1910
- Nemier v. BramlettSupreme Court of Arkansas · 1912
- Ward v. WilsonSupreme Court of Arkansas · 1917
- Taylor v. RogersSupreme Court of Arkansas · 1928
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