Opinion

State v. Harden

  • 62 W. Va. 313
  • 58 S.E. 715
  • 1907 W. Va. LEXIS 40
Court
West Virginia Supreme Court
Filed
Jun 8, 1907
Status
Published
Author
Brannon
On the bench
Brannon, McWhorter, Miller, Pofeenbarger, Whom
Cited by
103 cases

Disapproved on other grounds by Wiseman v. Calvert, 134 W. Va. 303 (1950)

“That which is necessarily implied in a statute, or must be included in it in order to make the terms actually used have effect, according to their nature and ordinary meaning, is as much a part of it as if it had been declared in express terms.”

How later courts described this case

  • “That which is necessarily implied in a statute, or must be included in it in order to make the terms actually used have effect, according to their nature and ordinary meaning, is as much a part of it as if it had been declared in express terms.”

Written by the judges who cited it.

Later courts went against this

  • Disapproved on other grounds by Wiseman v. Calvert, 134 W. Va. 303 (1950)

    62 W. Va. 313, 321 , 58 S.E. 715, 718 (1907), disapproved of on other grounds by Wiseman v. Calvert, 134 W. Va. 303 , 59 S.E.2d 445
    West Virginia Supreme CourtApr 4, 19504 citing opinionsother groundsRead it

The opinion

Brannon, Judge,

{concurring):

I think the act of 1891 gives the Council power to grant license. 1 can assign no other meaning to that act. It is-that which leads me to concur in the decision.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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