Berry v. Gordon

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• where a special statute governs a particular subject, it shall apply instead of a general law
• “It goes almost without saying that there has never been any requirement that an act must have a sever-ability clause before an invalid section can be found to be separable from the rest of the act.”
• the reason, spirit, and intention of legislation should prevail over its literal meaning, especially where adherence to the letter would result in absurdity or injustice, or would lead to contradiction, or would defeat the plain purpose of the law
• a repeal by implication is accomplished where the legislature takes up the whole subject anew and covers the entire ground of the subject matter of a former statute and evidently intends it as a substitute, although there may be in the old law provisions not embraced in the new

Source: CourtListener parenthetical corpus (CC0).