Gibbons v. Brittenum

Citations

• 56 Miss. 232

Syllabus

<p>1. Statutes. Repeal by implication.</p> <p>Although repeals in law are not favored, yet every affirmative statute is a repeal by implication of a precedent affirmative statute, so far as it is in conflict therewith, even though there be no repealing or negative words in the statute last adopted.</p> <p>2. Same. Repeal by implication.</p> <p>It is a well-settled rule of construction that a subsequent statute, although not repugnant in all its provisions to a prior one, if clearly intended to prescribe the only rule that shall govern in the case provided for by it, repeals the original statute.</p> <p>3. Code 1871. Provision as to widovi of childless hjisband.</p> <p>By sects. 1948,1949, and 1961 of the Code of 1871, approved 13th of April, the brothers and sisters of a childless decedent take the whole of his estate, subject to dower in the land. By sect. 1786, the husband takes all the property of a deceased childless wife; and by sect. 1788, the widow takes all the property of a deceased .childless husband. These sections were approved the 17th of April. By sects. 1281 and 1282, approved the 13th of May, the widow takes as dower, in-fee-simple, half the estate of her deceased childless husband. Chap. 1 of the Code,, adopted the 12th of May, declares that all the chapters therein contained shall constitute the Code, and take effect on the 1st of October. Held, that sect. 1778, so far as it gives the whole of a childless intestate’s estate to his widow, is in conflict with sects. 1281 and 1282, approved subsequently, and is repealed by them. Campbell, J., dissented.</p> <p>4. Code. Conflicting provisions. How construed.</p> <p>Differencesoftimeareto.be disregarded in construing apparently conflicting provisions of the Code, if by disregarding them, and looking at the work as a whole, harmony can be thereby produced. But if, after exhausting every scheme of reconciliation, there remains a palpable and irrepressible conflict in the provisions of the Code, the court