“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
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.