Legal Opinion

Harrison v. Metz

Michigan Supreme Court

Decided October 17, 1868PublishedCited by 37 opinions

Case made after judgment from Wayne Circuit. This was an action of debt brought by the plaintiffs against the defendant upon a judgment. The declaration consisted of six counts upon the judgment on which suit was brought. The pleá was the general issue, with a notice thereunto annexed, that the causes of action alleged in the plaintiff’s declaration, and neithef of them, accrued to the plaintiffs within ten years next before the commencement of this suit.

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Case made after judgment from Wayne Circuit. This was an action of debt brought by the plaintiffs against the defendant upon a judgment. The declaration consisted of six counts upon the judgment on which suit was brought. The pleá was the general issue, with a notice thereunto annexed, that the causes of action alleged in the plaintiff’s declaration, and neithef of them, accrued to the plaintiffs within ten years next before the commencement of this suit. The cause was tried by the court without a jury. On the trial of said cause, it was admitted by the counsel for the plaintiffs and for the…

1Opinion of the Court

Cooley Ch. J.

We have no doubt that the legislature intended the act in question — Sess. L. 1867, p. 89 — -to affect only the causes of action which should accrue subsequent to its taking effect as law. There is nothing in-the act itself from which we can gather any different intent, and it is a sound rule of construction that legislation is to have a prospective operation only, except where the contrary intent is expressly declared or is necessarily to be implied from the terms employed.

The other Justices concurred. .

2Cited by37 opinions

  1. Michigan Bell Telephone Co. v. Public Service CommissionMichigan Supreme Court · 1946
  2. Spoon-Shacket Co. v. County of OaklandMichigan Supreme Court · 1959
  3. Tarnow v. Railway Express AgencyMichigan Supreme Court · 1951
  4. McKisson v. DavenportMichigan Supreme Court · 1890
  5. Davis v. State Employees' Retirement BoardMichigan Court of Appeals · 2006

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