Chesapeake & Ohio Railway Co. v. Hoard

Citations

• 16 W. Va. 270
• 1880 W. Va. LEXIS 27

Syllabus

<p>1. A statute general in its terms and without negative words will not be construed to repeal by implication the particular provisions of a ® former statute which are special in their application to a particular case, or class of cases, unless the repugnancy be so glaring and irreconcilable as to indicate the legislative intent to repeal.</p> <p>2. The provisions in chapter eighty-eight of the Acts of 1872-3, in reference to the manner in which lands shall be condemned by railroad companies, is not repealed nor abrogated by chapter one hundred and fourteen of the Acts of 1875, and the amendatory act of 1879, chapter eight, and therefore the circuit court has no jurisdiction in a case where a railroad company seeks to condemn lands, the jurisdiction in such cases being confined to the county court, as decided in Railroad v. Patton, 9 W. Va., 848.</p>