Henrietta Mining & Milling Co. v. Gardner,
173 U.S. 123 (1899)

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U.S. Supreme Court

Henrietta Mining & Milling Co. v. Gardner, 173 U.S. 123 (1899)

Henrietta Mining and Milling Company v. Gardner

No. 140

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with those concerning the same subject contained in the Act of March 6, 1891, and although chapter 42 is not expressly repealed by the act of 1891, it must be held to be repealed by the later act on the principle laid

Page 173 U. S. 124

down in United States v. Tynen, 11 Wall. 88, 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.

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