Legal Opinion

DeCordova v. City of Galveston

Texas Supreme Court

Decided December 15, 1849PublishedCited by 7 opinions

Appeal from Galveston. This suit was instituted on the 2St.li of April, 1849, oil three promissory notes, a copy of one of which is ns follows : • “StlS.lifi. Faith of the city pledged. No. 21. Galveston city ten per cent, stock.

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Appeal from Galveston. This suit was instituted on the 2St.li of April, 1849, oil three promissory notes, a copy of one of which is ns follows : • “StlS.lifi. Faith of the city pledged. No. 21. Galveston city ten per cent, stock. The corporation of the city of Galveston will pay Moreau Forest or order, oil the first day of January, 3842, one hundred and eighteen 06-100 dollars in par funds, with interest on the same from the first day of August, 1S40, until paid, at the rate of ton per cent. per annum; tlic first payment of interest to be made on the first day of January, 1841, ancl annually…

1Opinion of the Court

IlEMPiirrjT/, Oír. J.

The only question deemed material to discuss is whether the action was barred bv the statute of limitations approved 5th February, 1811.

The principal ground in support of the position that the action was not barred is that I lie"’ operation of the'statute was prospective, and could not con-stií utionally affect contracts in existence, at tiro time of its passage. The prom-issnry noies were executed iu 1S40, during the interval between the abolition of the Spanish laws of prescription and the passage, of the statute, and when there were consequently no laws of limitation…

2Cited by7 opinions

  1. Pfeuffer v. MaltbyTexas Supreme Court · 1881
  2. Fulgham v. BendyTexas Supreme Court · 1859
  3. Sisk v. ParkerCourt of Appeals of Texas · 1971
  4. O. H. Lanier, Inc. v. Bexar County National Bank of San AntonioCourt of Appeals of Texas · 1964
  5. Cade Lilley v. Ph&338nix JacksonCourt of Appeals of Texas · 1924

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