49-302. Repeal of law repealing former law; effect.

248 words·~1 min read·/ne/chapter-49/49-302

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Whenever a law shall be repealed, which repealed a former law, the former law shall not thereby be revived unless specially provided for.

History of the enactment and repeal by the Nebraska Legislature of statutes relative to writ of certiorari in no manner supports the conclusion that the effect thereof is to abolish the writ of prohibition. State ex rel. Wright v. Barney, 133 Neb. 676, 276 N.W. 676 (1937).

Act amendatory of unconstitutional act is invalid. City of Plattsmouth v. Murphy, 74 Neb. 749, 105 N.W. 293 (1905).

Repeals by implication are not favored and such construction of a statute repealing another will not be adopted unless made necessary by evident intent of Legislature. Schafer v. Schafer, 71 Neb. 708, 99 N.W. 482 (1904); Dawson County v. Clark, 58 Neb. 756, 79 N.W. 822 (1899).

Where one section refers to another for its powers, provisions referred to become part of section and remain part thereof, although section referred to is repealed. Shull v. Barton, 58 Neb. 741, 79 N.W. 732 (1899).

Abortive attempt to limit operation of existing statute does not change its force. Barker v. Potter, 55 Neb. 25, 75 N.W. 57 (1898).

Legislative act, containing provision repugnant to an existing law, repeals that law by implication. State ex rel. Smythe v. Magney, 52 Neb. 508, 72 N.W. 1006 (1897).

Repeal and reenactment, clearly intended to continue uninterrupted operation of old statute, will be so construed. State v. Wish, 15 Neb. 448, 19 N.W. 686 (1884).