Statute · California Code of Civil Procedure

Cal. Civ. Proc. Code § 1859 — OF THE GENERAL PRINCIPLES OF EVIDENCE

Cal. Civ. Proc. Code § 1859

Type
Statute
Source
California Code of Civil Procedure
Jurisdiction
California
Current through
Nov 2, 2026 (California Legislative Counsel)

In the construction of a statute the intention of the Legislature, and in the construction of the instrument the intention of the parties, is to be pursued, if possible; and when a general and particular provision are inconsistent, the latter is paramount to the former. So a particular intent…

Citator

Cal. Civ. Proc. Code § 1859 — OF THE GENERAL PRINCIPLES OF EVIDENCE is in force in the current edition of the Code, and nothing recorded condemns it.

In the construction of a statute the intention of the Legislature, and in the construction of the instrument the intention of the parties, is to be pursued, if possible; and when a general and particular provision are inconsistent, the latter is paramount to the former. So a particular intent will control a general one that is inconsistent with it.