# Ascher v. Edward Moyse & Co.

> Mississippi Supreme Court · October 15, 1911 · 101 Miss. 36

URL: https://www.frixlaw.com/law-library/cases/7991078

## Case

- **Full name:** Ascher & Baxter v. Edward Moyse & Co
- **Court:** Mississippi Supreme Court
- **Decided:** October 15, 1911
- **Citations:** 101 Miss. 36; 57 So. 299
- **Precedential status:** Published
- **Opinion:** Dissent by Smith
- **Judges:** McLean, Smith
- **Cited by:** 23 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7991078

## Opinion text

Smith,,J.
(dissenting).
I am of the opinion that the act. of 1908 “covers the whole subject of the earlier” laws relating to dealing in futures, “embraces new provisions, and plainly, shows that it was intended, not only as a substitute for the earlier laws, but to cover the whole subject then considered , by the legislature, and to prescribe the only rules in respect thereto,” and that, consequently, “it i *57 operates as a repeal of all former statutes relating to the subject.”
I feel constrained, therefore, to dissent from the conclusion reached by my brethren.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7991078. Public record. Not legal advice.