Mauro v. Buffington
Mauro v. Buffington
Opinion of the Court
delivered the opinion of the court.
This is an application for a mandamus upon the auditor of public accounts ; and the only question is, whether the act of March 1, 1851, entitled “ An act to regulate the fees of the circuit attorney of the eighth judicial circuit,” is repealed by the general fee law in the revised code of 1855. We are of opinion that the act of 1851 is not repealed either expressly or impliedly. The 23d section of the act concerning the revised statutes (R. C. 1855, p. 1027) declares that “ all acts and parts of acts, specially applicable to the city or county of
Besides, there is no conflict between the general fee law and this special and local act. The general fee law indicates in terms that exceptions may be made by other acts. Moreover, the general repealing clause of the statute (sec. 20) does not appear strictly applicable to this act of 1851. The act is not of a general, public and permanent nature, nor is it alluded to in the revision of the fee law. The other judges concurring, the mandamus is awarded.
Reference
- Full Case Name
- Mauro, Circuit Attorney v. Buffington, Auditor of Public Accounts
- Status
- Published