Sears v. Fewson
New Mexico Supreme Court
Appeal from the District Court for Chaves County, before W. H. Pope, Associate Justice. .Mere similarity in the provisions of two statutes is not enough to effect a repeal.. 26 A. & E. Enc. of Law 732; Chapter 73, Laws of 1903; Sections 144-151, C. L. 1897; Chapter 92, Laws of 1901; Cooley Const. Lim., 6th' ed. 182; Suth. St. Const;, sees. 138, 160; TJ.
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Appeal from the District Court for Chaves County, before W. H. Pope, Associate Justice. .Mere similarity in the provisions of two statutes is not enough to effect a repeal.. 26 A. & E. Enc. of Law 732; Chapter 73, Laws of 1903; Sections 144-151, C. L. 1897; Chapter 92, Laws of 1901; Cooley Const. Lim., 6th' ed. 182; Suth. St. Const;, sees. 138, 160; TJ. S. v. Clafin, 97 U. S. 546; Hudson Furniture Co. v. Freed Furniture and Carpet Co., Utah, 36 Pac. 132; People v. McAllister, Utah, 37 Pae. 578. Chapter 73, Laws of .1903, was not intended to, and' did not repeal Chapter 96, Laws of 1884, as…
1Opinion of the Court
OPINION OF THE COURT.
ABBOTT, J.
Thai the rule of the common law of England which required -every man to keep his beasts in his own close,- under penalty of answering in damages for all injuries resulting from their being permitted to range at large, “has nowhere prevailed in the settlement of the newer parts of this country,” was affirmed by the Supreme Court of the United States in Buford v. Houtz, 133 U. S., 320, where what may be termed the common, law of the west, on the .subject, is set forth. As recited in the opinion in that case, “we are of opinion that there is an implied license,…
2Cases cited6 opinions
- Buford v. HoutzSupreme Court of the United States · 1890
- Guthrie National Bank v. GuthrieSupreme Court of the United States · 1899
- State ex rel. Henderson v. County CourtSupreme Court of Missouri · 1872
- Smith v. McDermottCalifornia Supreme Court · 1892
- Black River Improvement Co. v. HolwayWisconsin Supreme Court · 1894
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3Cited by6 opinions
- Grubb v. WolfeNew Mexico Supreme Court · 1965
- Albuquerque Metropolitan Arroyo Flood Control Authority v. SwinburneNew Mexico Supreme Court · 1964
- Scarbrough v. WootenNew Mexico Supreme Court · 1918
- Hill v. WinklerNew Mexico Supreme Court · 1915
- Bernalillo Bd. of Co. Comm'rs v. BenavidezNew Mexico Court of Appeals · 2012
1 more not listed; retrieve them via the Exa API.