Commonwealth v. Brown
Supreme Court of Pennsylvania
Appeal No. 131, Oct. T., 1904, by defendant, from judgment of Superior Court, April T., 1904, No. 114, affirming order of C. ,P. Westmoreland Co., Nov. T., 1903, No. 634, awarding writ of preliminary mandamus in case of Commonwealth ex rel. Wm. Miller & Sons v. John H. Brown, Controller of Westmoreland County. Appeal from Superior Court.
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Appeal No. 131, Oct. T., 1904, by defendant, from judgment of Superior Court, April T., 1904, No. 114, affirming order of C. ,P. Westmoreland Co., Nov. T., 1903, No. 634, awarding writ of preliminary mandamus in case of Commonwealth ex rel. Wm. Miller & Sons v. John H. Brown, Controller of Westmoreland County. Appeal from Superior Court. The opinion of the Superior Court by Porter, J., was as follows: The proceedings to determine the necessity for the erection of a new courthouse seem to have been conducted by those in authority in the county of Westmoreland with care, and those invested with…
1Opinion of the Court
Opinion by
Mb,. Chief Justice Mitchell,
The Act of April 4, 1870, P. L. 834, is entitled “An act relative to contracts by county commissioners in certain counties of this commonwealth,” and is a local and special act applying only to eleven counties named. The Act of April 19, 1895, P. L. 38, is entitled “ An act to regulate the erection of county buildings,” and is a general act applying in terms to the whole state. The first question in this case is whether the prior act is repealed by the later. ■
Repeal is wholly a question of legislative intent. Where, as here, no such intent is expressed…
2Cases cited13 opinions
- Stegmaier v. JonesSupreme Court of Pennsylvania · 1902
- Evans v. PhillipiSupreme Court of Pennsylvania · 1887
- Quinn v. Cumberland CountySupreme Court of Pennsylvania · 1894
- Commonwealth ex rel. McKirdy v. MacferronSupreme Court of Pennsylvania · 1893
- McCleary v. Allegheny CountySupreme Court of Pennsylvania · 1894
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3Cited by40 opinions
- MOWRY v. McWherterSupreme Court of Pennsylvania · 1950
- Kistler v. Carbon CountySuperior Court of Pennsylvania · 1943
- Pittsburgh Public Parking Authority PetitionSupreme Court of Pennsylvania · 1950
- United States Steel Co. v. Allegheny CountySupreme Court of Pennsylvania · 1952
- Long v. PhillipsSupreme Court of Pennsylvania · 1913
35 more not listed; retrieve them via the Exa API.