State v. Mines
West Virginia Supreme Court
I. — Statutes of limitation do not embrace the state unless ex-' presshj designated.- — -6 Pet. 666; 13 Wall 92; Coni. 18 Wall. 57; 28 W. Va. 304; 2 W. Va. 441. II. — Statutes should be construed as prospective in every instance, except token the intent that they shall operate retrospectively is expressed hi clear caul unambiguous terms, or such intent is necessarily implied, from the language of the statute which would be inoperative otherwise than retrospectively.- — 34 W.…
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I. — Statutes of limitation do not embrace the state unless ex-' presshj designated.- — -6 Pet. 666; 13 Wall 92; Coni. 18 Wall. 57; 28 W. Va. 304; 2 W. Va. 441. II. — Statutes should be construed as prospective in every instance, except token the intent that they shall operate retrospectively is expressed hi clear caul unambiguous terms, or such intent is necessarily implied, from the language of the statute which would be inoperative otherwise than retrospectively.- — 34 W. Va. 524; 3 Crunch 399 ; 15 How. 421; 24 How. 242 ; 17 Wall. 596; 3 Eng. & Am. Ene. L. 758; 3 Call 279; 10 Gratt. 585;…
1Opinion of the Court
BRannon, Judge:
This is a writ of error taken by the State to a judgment of the Circuit Court of Ohio county quashing an execution in favor of the State. Was the-judgment barred by the statute of limitations, when the execution issued ? is the question of the case.
The judgment was rendered in October, 1877; a second execution was returnable to January rules, 1879; and the next one — the one involved here — issued 19th [November, 1891. The State conteuds that its judgment is protected by the maxim, “nullum tempas occurrit re.gi”■ — no time runs against the king.
Section 20, c. 35, of the Code of…
2Cases cited30 opinions
- Montclair v. RamsdellSupreme Court of the United States · 1883
- Slack v. JacobWest Virginia Supreme Court · 1875
- Ely and Others v. . HoltonNew York Court of Appeals · 1857
- McConiha v. GuthrieWest Virginia Supreme Court · 1882
- Bowman v. CockrillSupreme Court of Kansas · 1870
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3Cited by77 opinions
- State v. General Daniel Morgan Post No. 548West Virginia Supreme Court · 1959
- State v. General Daniel Morgan Post No. 548West Virginia Supreme Court · 1959
- Central of Georgia Railway Co. v. StateSupreme Court of Georgia · 1898
- Coal & Coke Ry. Co. v. ConleyWest Virginia Supreme Court · 1910
- State v. HardenWest Virginia Supreme Court · 1907
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