Lewis v. Foster
Superior Court of New Hampshire
THIS was an action of debt, for a penalty founded on the 3d sec. of the statute of Dec: 16, 1796. entitled “ an act regulating fees.” (1 Laws 132.) The suit was commenced on the 30th March, 1812, and previous to the 10th June, 1813, had been tried on the general issue, and a verdict returned for the plaintiff, and judgment rendered accordingly.
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THIS was an action of debt, for a penalty founded on the 3d sec. of the statute of Dec: 16, 1796. entitled “ an act regulating fees.” (1 Laws 132.) The suit was commenced on the 30th March, 1812, and previous to the 10th June, 1813, had been tried on the general issue, and a verdict returned for the plaintiff, and judgment rendered accordingly. By a .statute of June 19, 1813, <§> 3, (1 Laws 134,) the section of the law upon which the action was founded was repealed, without any saving clause. The defendant reviewed the cause, and it was again tried in this county, October term," 1815, and a…
1Opinion of the Court
The opinion of the court was delivered by
Richardson, C. J.
We are of opinion that the plaintiff’s right of action is taken away by the repeal of the law on which it was founded. It is clear, if the law had been repealed before the first judgment, the plaintiff could not have *62recovered. 1 Gallison 177, United States vs. Mann. — 5 Crunch 281, Yeaton vs. United States. By our statute of February 9, 1791, <§ 12, (1 Laws 103,) it is provided that a cause shall be tried upon review in the same manner as if no judgment had ever been given.'
The first judgment was rendered for the plaintiff, subject by…
2Cases cited1 opinion
- United States v. MannU.S. Circuit Court for the District of New Hampshire · 1812
3Cited by1 opinion
- Dow v. NorrisSuperior Court of New Hampshire · 1827