Hanley v. Sixteen Horses & Thirteen Head of Cattle

Citations

• 97 Cal. 182
• 32 P. 10
• 1893 Cal. LEXIS 506

Syllabus

<p>Trespassing Animals — Repeal of Statute.—The act of the legislature of March 7,1878, concerning animals trespassing upon private property, operated as a repeal of the act of February 4, 1874, relating to the same subject.</p> <p>Id. — Proceeding in Rem — Known Owner. — A proceeding in rem against trespassing animals, where the owner is known to the plaintiff, cannot be maintained, since the passage of the act of 1878, in a county named in that act, though such proceeding might have been maintained therein under the act of 1874. Under the act of 1878, a proceeding in rem could be commenced only where the owner is not known.</p> <p>Statutes—Repeal by Implication — Substitute for Former Act.—. Where it appears that an act of the legislature was intended by the legislature to be, and was, a substitute for a former act upon the same subject, the latter act operates as a repeal of the former, although there be in the latter act no express words repealing the former act by name.</p>