Rogers v. Pacific Railroad
Supreme Court of Missouri
Error to Cole Circuit Court. This action is not affected by the repealing act of' the Legislature, relied on by defendant.
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Error to Cole Circuit Court. This action is not affected by the repealing act of' the Legislature, relied on by defendant. See “An act concerning law,” Art. 3, R. C. 1855, p. 1021-22, and “An act concerning the Revised Statutes,” §§ 14, 15, 16, R. 0. 1855, p. 1025. I. The repeal of the act under which the suit was brought takes away and entirely destroys the right of action, unless it caa be shown that the alleged right of the plaintiff was a vested right within the well known definition of that terip, or unless his alleged right was maintained and continued in force by some provision of…
1Opinion of the CourtDryden, Judge
This was an action based on the act of 27th February, 1855, concerning the transportation of slaves by railroad companies (Sess. Acts 1855, p. 169), to recover double the value of a slave of the plaintiff, alleged to have been transported on the respondent’s railroad, in violation of the pro*158visions of said act. Pending the suit, the act of 1855 was repealed by an act approved February 6,1864. The respondent maintained that the effect of the repeal of the law was to abate the suit and destroy the plaintiff’s right of action; and the Circuit Court, on demurrer, so held, and gave judgment for…
2Cited by4 opinions
- Wallace v. GoodlettTennessee Supreme Court · 1900
- Protection Mutual Insurance Co. v. Kansas CityMissouri Court of Appeals · 1977
- State ex rel. Wayne County v. HackmanSupreme Court of Missouri · 1917
- Cincinnati, Sandusky & Cleveland R. v. BeltOhio Supreme Court · 1880