¶1 We think the plea to the jurisdiction should have been sustained. According to the well-established rule *482 of construction that a special statute is not affected by the enactment of a general provision upon the same subject, unless it clearly appears that the intention of the legislature was to modify the special provision, we must hold that section 21 of chapter 252 and section 12 of chapter 272 of the General Laws, providing that writs of replevin in certain cases may be issued by District Courts, should be read by way of exception to the provisions of section 8 of chapter 252, which provides that writs issued by one District Court may be made returnable in any other.
20 R.I. 481
40 A 1
Cahill v. Goodell
Decided April 26, 1898
Supreme Court of Rhode Island · decided 1898-04-26
<p>A writ of replevin issued from one District Court cannot be made returnable to another District Court.</p> <p>A special statute is not affected by the enactment of a general provision upon the same subject unless it clearly appears that the intention of the legislature was to modify the special provision.</p>
Cited by 4 later decisions — most recently June 1977
2 district · 2 state decisions
Good law ✅— No negative treatment on recordhow we know
Heard on defendant’s exceptions to the ruling of a… · Decided 1898-04-26
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