Carter v. Oxford

On Motion for Rehearing.

Counsel for the State strenuously insists that the court, in its *773opinion, has reasoned circuitously by refuting the Commissioner’s contention because it would necessarily repeal by implication Code § 92-3120 (d), which construction is not favored by the law, and, thereafter, under the rule of harmonious construction, the court proceeded to repeal a portion of the same Code section by its opinion. To this contention it might be said that all judicial constructions balancing two statutes which limit, or, in any way, restrict one statute are, in some sense, a repeal by…