repealing clause (North Carolina) · Go Syfert
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repealing clause in North Carolina

10 North Carolina opinions name it 2 courts 1924–1976 0 in the last five years

The cases below were cited by North Carolina courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (0)

CaseFollowedCited
No positive-treatment citations attached to this issue in North Carolina.

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in North Carolina. Read the followed side critically anyway.

Also cited on this issue (19)

CaseCitedYears
Road Commissioners v. County Commissioners neutral
nc · 1923
2 sentences

1940That it is prohibited under tbe general State statute, as follows: “And no county or municipality shall levy any license or privilege iax •upon the use of any motor vehicle licensed by the State of North Carolina.” And in the repealing clause, “All laws and clauses of laws in conflict ... or providing otherwise are repealed.” In Comrs. v. Comrs., 186 N. C., 202 (204), it is written: “And in determining whether there is a repugnancy, it is the approved rule here and elsewhere that the intent of the Legislature must be sought primarily in the language used, and ‘where this is free from ambiguity

1940That it is prohibited under the *Page 354 general State statute, as follows: "And no county or municipality shall levy any license or privilege tax upon the use of any motor vehicle licensed by the State of North Carolina." And in the repealing clause, "All laws and clauses of laws in conflict . . . or providing otherwise are repealed." In Comrs. v. Comrs. , 186 N.C. 202 (204), it is written: "And in determining whether there is a repugnancy, it is the approved rule here and elsewhere that the intent of the Legislature must be sought primarily in the language used, and `where this is free from

41940–1976
State v. . Beacham neutral
nc · 1899
2 sentences

1940And it is uniformly held that a town ordinance in violation of a valid State statute appertaining to the question is void,” citing Trustees v. Webb, 155 N. C., 379 ; S. v. Beacham, 125 N. C., 652 ; Shaw v. Kennedy, 4 N. C., 591 ; 19 R.

1940And it is uniformly held that a town ordinance in violation of a valid State statute appertaining to the question is void," citing Trustees v. Webb , 155 N.C. 379 ; S. v. Beacham , 125 N.C. 652 ; Shaw v. Kennedy , 4 N.C. 591 ; 19 R.C.L., 803, and cases cited.

21940–1940
Hammond v. City of Charlotte green
nc · 1933
2 sentences

1940Hammond v. Charlotte, 205 N. C., 469 , 171 S. E., 612 .

1940Hammond v. Charlotte, 205 N. C., 469 , 171 S. E., 612 .

21940–1940
State v. . Prevo green
nc · 1919
2 sentences

1940That it is prohibited under tbe general State statute, as follows: “And no county or municipality shall levy any license or privilege iax •upon the use of any motor vehicle licensed by the State of North Carolina.” And in the repealing clause, “All laws and clauses of laws in conflict ... or providing otherwise are repealed.” In Comrs. v. Comrs., 186 N. C., 202 (204), it is written: “And in determining whether there is a repugnancy, it is the approved rule here and elsewhere that the intent of the Legislature must be sought primarily in the language used, and ‘where this is free from ambiguity

1940That it is prohibited under the *Page 354 general State statute, as follows: "And no county or municipality shall levy any license or privilege tax upon the use of any motor vehicle licensed by the State of North Carolina." And in the repealing clause, "All laws and clauses of laws in conflict . . . or providing otherwise are repealed." In Comrs. v. Comrs. , 186 N.C. 202 (204), it is written: "And in determining whether there is a repugnancy, it is the approved rule here and elsewhere that the intent of the Legislature must be sought primarily in the language used, and `where this is free from

21940–1940
In Re Applicants for License green
nc · 1906
2 sentences

1940That it is prohibited under tbe general State statute, as follows: “And no county or municipality shall levy any license or privilege iax •upon the use of any motor vehicle licensed by the State of North Carolina.” And in the repealing clause, “All laws and clauses of laws in conflict ... or providing otherwise are repealed.” In Comrs. v. Comrs., 186 N. C., 202 (204), it is written: “And in determining whether there is a repugnancy, it is the approved rule here and elsewhere that the intent of the Legislature must be sought primarily in the language used, and ‘where this is free from ambiguity

1940That it is prohibited under the *Page 354 general State statute, as follows: "And no county or municipality shall levy any license or privilege tax upon the use of any motor vehicle licensed by the State of North Carolina." And in the repealing clause, "All laws and clauses of laws in conflict . . . or providing otherwise are repealed." In Comrs. v. Comrs. , 186 N.C. 202 (204), it is written: "And in determining whether there is a repugnancy, it is the approved rule here and elsewhere that the intent of the Legislature must be sought primarily in the language used, and `where this is free from

21940–1940
Shaw v. . Kennedy green
nc · 1817
2 sentences

1940And it is uniformly held that a town ordinance in violation of a valid State statute appertaining to the question is void,” citing Trustees v. Webb, 155 N. C., 379 ; S. v. Beacham, 125 N. C., 652 ; Shaw v. Kennedy, 4 N. C., 591 ; 19 R.

1940And it is uniformly held that a town ordinance in violation of a valid State statute appertaining to the question is void," citing Trustees v. Webb , 155 N.C. 379 ; S. v. Beacham , 125 N.C. 652 ; Shaw v. Kennedy , 4 N.C. 591 ; 19 R.C.L., 803, and cases cited.

21940–1940
State v. . Fink neutral
nc · 1920
2 sentences

1940The question raised in this case, we think, is settled in S. v. Fink, 179 N. C., 712 (715-16).

1940The question raised in this case, we think, is settled in S. v. Fink , 179 N.C. 712 (715-16).

21940–1940
Kearney v. . Vann green
· 1911
2 sentences

1940That it is prohibited under tbe general State statute, as follows: “And no county or municipality shall levy any license or privilege iax •upon the use of any motor vehicle licensed by the State of North Carolina.” And in the repealing clause, “All laws and clauses of laws in conflict ... or providing otherwise are repealed.” In Comrs. v. Comrs., 186 N. C., 202 (204), it is written: “And in determining whether there is a repugnancy, it is the approved rule here and elsewhere that the intent of the Legislature must be sought primarily in the language used, and ‘where this is free from ambiguity

1940That it is prohibited under the *Page 354 general State statute, as follows: "And no county or municipality shall levy any license or privilege tax upon the use of any motor vehicle licensed by the State of North Carolina." And in the repealing clause, "All laws and clauses of laws in conflict . . . or providing otherwise are repealed." In Comrs. v. Comrs. , 186 N.C. 202 (204), it is written: "And in determining whether there is a repugnancy, it is the approved rule here and elsewhere that the intent of the Legislature must be sought primarily in the language used, and `where this is free from

21940–1940
Board of Trustees v. Webb green
· 1911
2 sentences

1940And it is uniformly held that a town ordinance in violation of a valid State statute appertaining to the question is void,” citing Trustees v. Webb, 155 N. C., 379 ; S. v. Beacham, 125 N. C., 652 ; Shaw v. Kennedy, 4 N. C., 591 ; 19 R.

1940And it is uniformly held that a town ordinance in violation of a valid State statute appertaining to the question is void," citing Trustees v. Webb , 155 N.C. 379 ; S. v. Beacham , 125 N.C. 652 ; Shaw v. Kennedy , 4 N.C. 591 ; 19 R.C.L., 803, and cases cited.

21940–1940
Johnson v. . Roberson green
nc · 1916
2 sentences

1957Johnson v. Roberson, 171 N.C. 194 , 88 S.E. 231 ; Commrs. v. Commrs., 186 N.C. 202 , 119 S.E. 206 ; Spaugh v. Charlotte, 239 N.C. 149 , 79 S.E. 2d 748 .

1957Johnson v. Roberson, 171 N.C. 194 , 88 S.E. 231 ; Commrs. v. Commrs., 186 N.C. 202 , 119 S.E. 206 ; Spaugh v. Charlotte, 239 N.C. 149 , 79 S.E. 2d 748 .

11957–1957
Spaugh v. City of Charlotte green
nc · 1954
2 sentences

1957Johnson v. Roberson, 171 N.C. 194 , 88 S.E. 231 ; Commrs. v. Commrs., 186 N.C. 202 , 119 S.E. 206 ; Spaugh v. Charlotte, 239 N.C. 149 , 79 S.E. 2d 748 .

1957Johnson v. Roberson, 171 N.C. 194 , 88 S.E. 231 ; Commrs. v. Commrs., 186 N.C. 202 , 119 S.E. 206 ; Spaugh v. Charlotte, 239 N.C. 149 , 79 S.E. 2d 748 .

11957–1957
Rodgers v. United States green
scotus · 1902
1 sentence

1948Rogers v. U. 8., 185 U. S., 83 ; Wilson v. Comrs., 183 N. C., 638 ; Alexander v. Lowrance, 182 N. C., 642 ; Bramham v. Durham, 171 N. C., 196 ; S. v. Johnson, 170 N. C., 688 ; Cecil v. High Point, 165 N. C., 431 ; School Comrs. v. Aldermen, 158 N. C., 197 .’” Certainly if the legislative intent were sufficiently clear the general statute would prevail without a repealing clause; but repeal by implication is not favored and we do not find that the legislative intent justifies that construction.

11948–1948
Alexander v. . Lowrance neutral
nc · 1921
1 sentence

1948Rogers v. U. 8., 185 U. S., 83 ; Wilson v. Comrs., 183 N. C., 638 ; Alexander v. Lowrance, 182 N. C., 642 ; Bramham v. Durham, 171 N. C., 196 ; S. v. Johnson, 170 N. C., 688 ; Cecil v. High Point, 165 N. C., 431 ; School Comrs. v. Aldermen, 158 N. C., 197 .’” Certainly if the legislative intent were sufficiently clear the general statute would prevail without a repealing clause; but repeal by implication is not favored and we do not find that the legislative intent justifies that construction.

11948–1948
Wilson v. Board of Commissioners neutral
nc · 1922
1 sentence

1948Rogers v. U. 8., 185 U. S., 83 ; Wilson v. Comrs., 183 N. C., 638 ; Alexander v. Lowrance, 182 N. C., 642 ; Bramham v. Durham, 171 N. C., 196 ; S. v. Johnson, 170 N. C., 688 ; Cecil v. High Point, 165 N. C., 431 ; School Comrs. v. Aldermen, 158 N. C., 197 .’” Certainly if the legislative intent were sufficiently clear the general statute would prevail without a repealing clause; but repeal by implication is not favored and we do not find that the legislative intent justifies that construction.

11948–1948
Bramham v. City of Durham neutral
nc · 1916
1 sentence

1948Rogers v. U. 8., 185 U. S., 83 ; Wilson v. Comrs., 183 N. C., 638 ; Alexander v. Lowrance, 182 N. C., 642 ; Bramham v. Durham, 171 N. C., 196 ; S. v. Johnson, 170 N. C., 688 ; Cecil v. High Point, 165 N. C., 431 ; School Comrs. v. Aldermen, 158 N. C., 197 .’” Certainly if the legislative intent were sufficiently clear the general statute would prevail without a repealing clause; but repeal by implication is not favored and we do not find that the legislative intent justifies that construction.

11948–1948
Cecil v. City of High Point green
· 1914
1 sentence

1948Rogers v. U. 8., 185 U. S., 83 ; Wilson v. Comrs., 183 N. C., 638 ; Alexander v. Lowrance, 182 N. C., 642 ; Bramham v. Durham, 171 N. C., 196 ; S. v. Johnson, 170 N. C., 688 ; Cecil v. High Point, 165 N. C., 431 ; School Comrs. v. Aldermen, 158 N. C., 197 .’” Certainly if the legislative intent were sufficiently clear the general statute would prevail without a repealing clause; but repeal by implication is not favored and we do not find that the legislative intent justifies that construction.

11948–1948
Hartsfield v. . Craven County green
nc · 1927
1 sentence

1928The statement in Hartsfield v. Craven County, 194 N. C., 358 , in regard to the effect of this repealing clause on the local act referred to therein must be considered in connection with the facts in that ease.

11928–1928
Lee v. . Lee neutral
nc · 1921
1 sentence

1926It may be tbat tbe plaintiff in this action has been greatly wronged and humiliated by tbe. unlawful shedding of blood done by her husband; but, as stated by tbe late Chief Justice Clark in tbe case of Lee v. Lee, supra, “With us the law-making power has adhered to tbe obligation of tbe marriage vow, tbat tbe parties ‘take each other for better or for worse, to live together in sickness and in health till death do them part/ with tbe exceptions only where tbe misconduct of tbe parties, and not their misfortunes, are made, by our statute to justify tbe divorce.” Upon the record, we bold tbat tb

11926–1926
Felmet v. . Commissioners green
nc · 1923
1 sentence

1924S. v. Woodside, 31 N. C., 500 ; Black’s Law Dictionary.” In chapter 136, Public Laws 1923, sec. 378, the repealing clause is as follows: “All laws and clauses of laws, including all acts passed by the General Assembly of one thousand nine hundred and twenty-three in conflict with this act are hereby repealed.” We do not think the position here taken disturbs the principle laid down in Felmet v. Comrs., 186 N. C., 251 .

11924–1924

Where else courts name it

PA 21 (1895–2025) IN 15 (1868–1997) LA 15 (1902–1991) TN 14 (1812–2017) MO 14 (1884–2015) AL 12 (1877–1942) IL 12 (1881–1971) OH 12 (1897–2009) NC 10 (1924–1976) MI 10 (1886–1960) NY 9 (1872–1914) NM 9 (1885–1964) TX 7 (1922–2012) OK 7 (1912–1968) MT 7 (1899–1948) CO 7 (1903–2000) GA 7 (1914–1950) AR 6 (1911–1965) SD 6 (1894–2000) KS 5 (1908–1995) CA 5 (1922–1993) WA 5 (1902–1966) OR 3 (1853–2003) VA 3 (1868–1868) NE 3 (1894–2008) ND 3 (1896–1953) KY 3 (1903–1924) NH 2 (1827–1911) ME 2 (1878–1878) MD 2 (1890–1919) SC 2 (1930–1946) FL 2 (1875–1931) DE 2 (1943–1948) AZ 2 (1906–1967)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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