Legal Opinion · Dissent

Hinkle v. Hargens

South Dakota Supreme Court

Decided March 21, 1957No. File 9587Published

1DissentRentto, J.

The promulgation of statutes of limitation is not a judicial act. It is a legislative function. Concerning legislative acts in general this court has held that when they are unambiguous, as is the one here involved, there is no basis for the exercise of our powers of statutory construction. Under such circumstances our only function is to declare .the expressed meaning of the statute. State ex rel. Widdoss v. Esmay, 72 S.D. 270, 33 N.W.2d 280. No exception is made to this basic principle when the enactment under consideration is a statute of limitation. Concerning such statutes this -court…

2Cases cited6 opinions

  1. Lindquist v. MullenWashington Supreme Court · 1954
  2. Wilder v. HaworthOregon Supreme Court · 1950
  3. State Ex Rel. Widdoss v. EsmaySouth Dakota Supreme Court · 1948
  4. In Re Estate of NathersonOhio Court of Appeals · 1956
  5. Witt v. WittWisconsin Supreme Court · 1955

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