Fraim v. Lancaster County
Supreme Court of Pennsylvania
Appeal, No. 67, July T., 1895, by plaintiff, from judgment of C. P. Lancaster Co., Jan T., 1892, No. 60, for plaintiff on case stated. Case stated to determine the validity of constable’s bill of costs.
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Appeal, No. 67, July T., 1895, by plaintiff, from judgment of C. P. Lancaster Co., Jan T., 1892, No. 60, for plaintiff on case stated. Case stated to determine the validity of constable’s bill of costs. The case stated was as follows: It is admitted that H. H. Fraim was duly appointed constable of Sadsbury township, Lancaster county, Pa., by the court of quarter sessions of said county on September 23,1893, and performed the services stated in his bill hereto attached and made part of this case stated. If the court shall be of the opinion that the act of May 23, 1893, P. L. 117, repealed the…
1Opinion of the Court
Opinion by
Mb. Justice Mitchell,
The question of the repeal of a statute by a later one is essentially a question of legislative intent. While therefore the rule undoubtedly is, as the learned court below held, that a general affirmative act without express words of repeal, will not repeal a previous special or local act on the same subject even though the provisions of the two be inconsistent, yet it is never to be *439lost sight of that it is not a rule of positive law, but of construction only, adopted as our brother Williams accurately expresses it in Com. ex rel. v. Macferron, 152 Pa. 244, “…
2Cases cited1 opinion
- Commonwealth ex rel. McKirdy v. MacferronSupreme Court of Pennsylvania · 1893
3Cited by6 opinions
- Hays v. Cumberland CountySuperior Court of Pennsylvania · 1897
- McCallister v. Armstrong CountySuperior Court of Pennsylvania · 1899
- Stahl v. Erie Delivery Co., Pennsylvania Court of Common Pleas, Jefferson County1937
- Commonwealth v. TroutmanLuzerne County Court of Quarter Sessions · 1930
- Denton v. Walla Walla CountyWashington Supreme Court · 1908
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