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.
Cal. Civ. Proc. Code § 1859
OF THE GENERAL PRINCIPLES OF EVIDENCE
Applied in 4 court decisions — leading case 79 N.J. Super. 458 - State v. Drake (1963)
Most recently applied in Guadalupe Salazar v. McDonald's Corp. (October 2019)
Enacted 1872.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.