Smith v. Banker
New York Supreme Court
Motion by Defendants for judgment as in case of non-suit for not bringing causes to trial.— These suits were commenced in Orange county, under the provisions of the act in relation to excise, &c., passed May 14, 1845, to recover penalties for selling liquor without license.
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Motion by Defendants for judgment as in case of non-suit for not bringing causes to trial.— These suits were commenced in Orange county, under the provisions of the act in relation to excise, &c., passed May 14, 1845, to recover penalties for selling liquor without license. While the suits weré pending and before issue joined, the act in question was repealed, on the 12th of May, 1847. The Defendants put in their pleas on the 21st May last, since which time no proceedings have been had. Thé Defendants moved for judgment as in case of non-suit, by reason of Plaintiffs not bringing on causes to…
1Opinion of the Court
Barculo, Justice.
The repeal of the excise law of 1845, not only cut off the right to future prosecutions for the penalties thereby imposed, but also extinguished the right to proceed in suits which had been commenced and were pending at the time of the passage of the repealing act. (1 Hill, 824.)
The only way in which the rights of suitors in such cases can be preserved, is, by an express reservation of those rights in the act of repeal. The repealing act of May 12, 1847, is without reservation; and consequently the Plaintiffs’ right to recover the penalties ceased on that day. They were…
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- Johnston v. GarsideNew York Supreme Court · 1893