Morrison v. . McDonald
Supreme Court of North Carolina
The plaintiff recovered judgment against the defendant for $150 with interest, before a Justice of the Peace, from which the defendant appealed to the Superior Court.
Read the full summary
The plaintiff recovered judgment against the defendant for $150 with interest, before a Justice of the Peace, from which the defendant appealed to the Superior Court. At the December Term, 1892, of the Superior Court of Moore County, in the absence of the defendant, the case was tried — the following issues having been submitted to the jury, viz.: “Is the defendant indebted to the plaintiff; if so, in what amount?” To which the jury responded, “Yes; $150, with interest from the-day of August, 1891.” Whereupon, the following judgment was rendered: “This cause coming on to be tried upon appeal…
1Opinion of the Court
Shepherd, C. J.:
While it is true, as a general proposition, that laws may be passed so as to operate retrospectively upon existing remedies or procedure, it is also well established that where such legislation has the effect of disturbing vested rights, it must be construed as prospective in its operation only. In accordance with this qualifying principle, it is laid down by Black in his Constitutional Prohibitions, sections 198 and 199, that “the Legislature has no constitutional power to grant to a party litigant a right to an appeal or writ of error, in cases where no-such right existed…
2Cases cited3 opinions
- Wood v. OakleyNew York Court of Chancery · 1845
- Van Rensselaer v. SmithNew York Supreme Court · 1858
- Brown v. Rhinehart Bros.Supreme Court of North Carolina · 1893
3Cited by12 opinions
- Gardner v. GardnerSupreme Court of North Carolina · 1980
- Wilson v. AndersonSupreme Court of North Carolina · 1950
- State v. GreenSupreme Court of North Carolina · 1999
- Piedmont Memorial Hospital, Inc. v. Guilford CountySupreme Court of North Carolina · 1942
- Insurance Co. v. Scott.Supreme Court of North Carolina · 1904
7 more not listed; retrieve them via the Exa API.