Hurst, Purnell & Co. v. Samuels

Citations

• 29 S.C. 476
• 7 S.E. 822
• 1888 S.C. LEXIS 158

Syllabus

<p>1. On appeal from a decree refusing to admit a prisoner in arrest under final process to the benefit of the Insolvent Debtor’s Act, a previous order refusing to vacate the order of arrest cannot be reviewed, as it was not an intermediate order under subd. 1 of section 11 of the Code, but a final order under subd. 3.</p> <p>2. A provision in the General Statutes of 1882 authorizing the discharge of an insolvent debtor under arrest under mesne process is not inconsistent with or repugnant to a provision in the General Statutes of 1872, authorizing the discharge of a prisoner under mesne or final process, and therefore does not on these grounds repeal the provision as to final process in the older law. But as the same provision is reenacted in the later act, such a repeal is thereby effected.</p> <p>3. Repeals of statutes by implication are not favored. Such a repeal is not effected unless the implication is a necessary one. This is especially so where such a repeal would injuriously affect personal liberty.</p> <p>4. Chapter CXVL — 2405-2423—of the General Statutes extends the benefits of the Insolvent Debtor’s Act to persons in arrest under final process, as well as to those in arrest under mesne process ; and this is not affected by section 207 of the Code as amended in the revision of 1882.</p>