Legal Opinion

Davis v. President of Menasha

Wisconsin Supreme Court

Decided January 15, 1867PublishedCited by 10 opinions

APPEAL from the Circuit Oourt for Winnebago County. This appeal was taken by the defendants from an order refusing to vacate a judgment in favor of the plaintiffs, and grant a new trial under ch. 115, Laws of 1866. The case is stated in the opinion. 1. The term ex post facto in the constitution applies only to criminal laws. Sedgw. on Stat. & Con. Law, 191; Smith’s Comm., 366; Calderv. Bull, 3Dallas, 386; Dashv. Van Kleech, 7 Johns., 477 ; Carpenter v. Com. of Pa., 1 How.

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APPEAL from the Circuit Oourt for Winnebago County. This appeal was taken by the defendants from an order refusing to vacate a judgment in favor of the plaintiffs, and grant a new trial under ch. 115, Laws of 1866. The case is stated in the opinion. 1. The term ex post facto in the constitution applies only to criminal laws. Sedgw. on Stat. & Con. Law, 191; Smith’s Comm., 366; Calderv. Bull, 3Dallas, 386; Dashv. Van Kleech, 7 Johns., 477 ; Carpenter v. Com. of Pa., 1 How. (U. S.), 456. 2. The legislature may- give a statute a retrospective effect except when it impairs the obligation of a…

1Opinion of the CourtCole, J.

The main question in this case arises under chapter 115, Laws of 1866. The first section of that act in effect *493enacts, that in all actions wherein judgment shall he rendered in any court of record in this state, and the judge by or before whom the cause was tried shall die or remove from the state before any bill of exceptions is settled therein as required by law, the court in which the judgment was rendered shall grant a new trial upon the application of either party: providing, farther, that the application is made at the time and in the manner therein prescribed. The second section…

2Cases cited1 opinion

  1. People v. FrisbieCalifornia Supreme Court · 1864

3Cited by10 opinions

  1. Paramino Lumber Co. v. MarshallSupreme Court of the United States · 1940
  2. Humphrey v. GerardSupreme Court of Connecticut · 1910
  3. Town of Lancaster v. BarrWisconsin Supreme Court · 1870
  4. Sydnor v. PalmerWisconsin Supreme Court · 1873
  5. Agnew v. StateNew York Court of Claims · 1938

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