City of Mitchell v. Dakota Central Telephone Co.
South Dakota Supreme Court
Appeal from Circuit Court, Davison County. Hon. Frank B. Smith, Judge. Action by the'City of Mitchell and others against the Dakota Central Telephone Company. .Judgment for defendant, and plainliffs appeal. Special and local laws are not deemed repealed by general legislation unless the intent to do- so is clear. Ordinarily an express repeal by some intelligent reference to the special act is necessary to accomplish that end.
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Appeal from Circuit Court, Davison County. Hon. Frank B. Smith, Judge. Action by the'City of Mitchell and others against the Dakota Central Telephone Company. .Judgment for defendant, and plainliffs appeal. Special and local laws are not deemed repealed by general legislation unless the intent to do- so is clear. Ordinarily an express repeal by some intelligent reference to the special act is necessary to accomplish that end. Ex parte Crow Dog, 109 U. S. 556; Aldinger v. Pugh, 57 Hun. 191, 10 N. Y. S. 684; Parker v. Elmira, Cortland & Northern R. R. Co., 165 N. Y. 274; City of Jamestown v.…
1Opinion of the CourtCorson, J.
This is an appeal by the plaintiffs from a judgment entered in favor of the defendant. The action was instituted by the plaintiffs to recover of the defendant the sum of $1,731.77, together with interest alleged to be due the plaintiffs, being 10 per cent, of the gross receipts of the defendant as specified in section 4 of ordinance No. 135 of the city of Mitchell, granting to the. defendant the right to- install a telephone system in the city of Mitchell, approved May 11, 1898. The defendant set up various defenses in its answer; the material ones in the view of this court being: (1) That…
2Cases cited19 opinions
- St. Louis v. Western Union Telegraph Co.Supreme Court of the United States · 1893
- Chicago v. SheldonSupreme Court of the United States · 1870
- Kadish v. Garden City Equitable Loan & Building Ass'nIllinois Supreme Court · 1894
- People ex rel. Jackson v. Suburban RailroadIllinois Supreme Court · 1899
- Eckman v. Chicago, Burlington & Quincy RailroadIllinois Supreme Court · 1897
14 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- City of Tulsa v. Southwestern Bell Telephone Co.Court of Appeals for the Tenth Circuit · 1935
- City of Hartford v. Connecticut Co.Supreme Court of Connecticut · 1928
- Nashville Gas & Heating Co. v. City of NashvilleTennessee Supreme Court · 1941
- City of Mt. Vernon v. AlthenSouth Dakota Supreme Court · 1949
- City of Spokane v. Spokane Gas & Fuel Co.Washington Supreme Court · 1933
9 more not listed; retrieve them via the Exa API.