HENRIETTA MINING & MILLING CO. V. GARDNER, 173 U. S. 123 (1899)Subscribe to Cases that cite 173 U. S. 123
U.S. Supreme Court
Henrietta Mining & Milling Co. v. Gardner, 173 U.S. 123 (1899)
Henrietta Mining and Milling Company v. Gardner
Argued January 16, 1899
Decided February 20, 1899
173 U.S. 123
The provisions in the Revised Statutes of Arizona of 1887, c. 42, § 3, concerning the commencement of process for attachment, are inconsistent with those concerning the same subject contained in the Act of March 6, 1891, and although chapter 42 is not expressly repealed by the act of 1891, it must be held to be repealed by the later act on the principle laid chanroblesvirtualawlibrary
down in @ 78 U. S. 92, that
"when there are two acts on the same subject, the rule is to give effect to both if possible, but if the two are repugnant in any of their provisions, the latter act without any repealing clause operates, to the extent of the repugnancy, as a repeal of the first."
The case is stated in the opinion.