Newman v. Lake

Citations

• 70 Kan. 848
• 79 P. 675
• 1905 Kan. LEXIS 60

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Practice, Supreme Court — Right to a Review Not Lost. Where a party to an action is required by the order of a court to do a series of like, but disconnected acts, the performance of a portion only of such acts will not be such a compliance with the order as will preclude the prosecution of a proceeding in error to reverse it.</p> <p>2. Intoxicating Liquors — Power to Revoke Permit — Statute Construed. It is provided in section 2452 of the General Statutes of 1901 that a prohate judge may grant a permit to a druggist to sell intoxicating liquors for certain purposes; that such judge “may at any time in his discretion revoke such permit.” It is further provided in the same section that if at any time there shall be filed with the probate judge a petition containing certain specified charges against a druggist holding a permit and signed by a certain number of men and women and duly verified, requesting that such permit be canceled, the probate judge shall, after notice, consider the question of such cancelation, and shall cancel the same if upon such hearing he shall find that such druggist is not in good faith carrying out the provisions of the act. Held: (1) That there is no such inconsistency between these two provisions that both cannot stand; (2) that under the first provision a probate judge may lawfully act upon his own initiation or at the suggestion of another; (3) that under the second provision he may be compelled to act by the filing of the specified petition.</p> <p>3. Statutory Construction — Repeals by Implication. The courts cannot say that one statute repeals another statute by implication, or that one part of a section of a statute repeals another part of the same section, unless they are so repugnant to each other that under no circumstances can both be given force and effect.</p> <p>4. Intoxicating Liquors— Valid Aet— Case Followed. Theconstitional rights of a person are not violated by denying him a permit to s