Libby v. Pelham
Idaho Supreme Court
APPEAL from tbe District Court of tbe Eigbtb Judicial District, for Kootenai County. Hon. John M. Flynn, Judge. Action for money bad and received. Judgment for defendant. When a statute is amended, repassed or re-enacted by tbe legislature, and a clause or part thereof omitted, and with such omission the statute as amended, repassed or re-enacted makes sense either with or without the omitted portion, there •is no presumption that the legislature did not intend the omission.
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APPEAL from tbe District Court of tbe Eigbtb Judicial District, for Kootenai County. Hon. John M. Flynn, Judge. Action for money bad and received. Judgment for defendant. When a statute is amended, repassed or re-enacted by tbe legislature, and a clause or part thereof omitted, and with such omission the statute as amended, repassed or re-enacted makes sense either with or without the omitted portion, there •is no presumption that the legislature did not intend the omission. (2 Lewis’ Sutherland’s Stat. Const., p. 801, sec. 412.) The parts of the former act omitted in the revision cannot be…
1Opinion of the CourtBudge, C. J.
Appellant brought suit to recover from respondent the sum of $1,400, which she alleged in her amended complaint was had and received by respondent from appellant on March 10, 1914, as the purchase price of seven purported Kootenai county warrants, sold by respondent to appellant, and which were afterward held to be invalid on the ground that the purchase of certain timber estimates, for which said warrants were issued, was the incurring of an indebtedness on the part of the county, exceeding the income and revenue for said year.
The answer of respondent traversed the allegations of the…
2Cases cited15 opinions
- The ConquerorSupreme Court of the United States · 1897
- United States v. LacherSupreme Court of the United States · 1890
- Berka v. WoodwardCalifornia Supreme Court · 1899
- United States v. BowenSupreme Court of the United States · 1880
- Thomas v. United StatesCourt of Appeals for the Eighth Circuit · 1907
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3Cited by20 opinions
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