Page:Dakota Territory Reports.djvu/32



Hon. George W. French, Chief Justice.

1. PLEADINGS:. When a motion to set aside the affidavit and requisition in an action of replevin has been made and sustained, with leave to the part/ to amend, the proceedings are concluded, and the case ended, so far as a general judgment is concerned, unless the amendment is made pursuant to the order of the court.

2. STATUTES:. Whether a new law, by implication, supersedes an old one upon the same subject, cannot well be determined, in most cases, by any merely a priori rules of argument or construction, but must depend very much upon the peculiar circumstances of each case,—the old and the new law—the mischief and the remedy.

3. : : . A subsequent statute revising the whole subject matter of a former one, and evidently intended as a substitute for it, must operate to repeal the former, although it contains no words to that effect.

This action was brought for the recovery of the possession of certain personal property, taken from plaintiff under a warrant of attachment.

The facts necessary to an intelligent understanding of the points decided are stated in the opinion. .—4.