Hayes v. Morgan's Louisiana & T. R. & S. S. Co.

Citations

• 117 La. 593
• 42 So. 150
• 1906 La. LEXIS 737

Syllabus

<p>'1. Statutes — Implied Repeal — Repeal op Special by General Act.</p> <p>Having given its attention to a particular subject and provided by charter for the organization of a company, the Legislature is presumed not to have intended to repeal a special provision of the charter by a subsequent general ■statute.</p> <p>[Ed. Note. — For cases in point, see vol. 44, Cent. Dig. Statutes, §§ 235-237.]</p> <p>-2. Same — Repugnancy.</p> <p>The general statute and the special statute are not repugnant to each other. They can •stand together and be enforced; the general law ■■as applying to all companies except the defend- • ant, and the special law as applying to the defendant.</p> <p>These laws are not dubious. They are not -contrary the one to the other.</p> <p>3. Same — Intent op Legislature.</p> <p>The uninterrupted current of decisions is that a general law does not repeal a special law, particularly a right delegated by charter, unless it is manifest that such was the intention in adopting the general law.</p> <p>[Ed. Note. — For cases in point, see vol. 44, Cent. Dig. Statutes, §§ 235-237.]</p> <p>4. Carriers — Actions Against — Yenue—Special Charter.</p> <p>Under its charter, except in cases of trespass, the court of defendant’s domicile has jurisdiction of suits brought against it.</p> <p>(Syllabus by the Court.)</p>