Legal Opinion

Saunders v. Moore

Court of Appeals of Kentucky

Decided June 18, 1878PublishedCited by 1 opinion

Case 15-PETITION ORDINARY APPEAL FROM WASHINGTON CIRCUIT COURT. Appellee by counsel filed the following plea herein, to wit: The appellee William Moore comes and defends the wrongs herein complained of, and says that the appellant ought to be barred of his action, because more than two years have elapsed after the rendition of the judgment herein, and the order refusing to sign bill of exceptions, and the prosecution of this appeal.

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Case 15-PETITION ORDINARY APPEAL FROM WASHINGTON CIRCUIT COURT. Appellee by counsel filed the following plea herein, to wit: The appellee William Moore comes and defends the wrongs herein complained of, and says that the appellant ought to be barred of his action, because more than two years have elapsed after the rendition of the judgment herein, and the order refusing to sign bill of exceptions, and the prosecution of this appeal. He says that the judgment herein was rendered on the 19th of March, 1874, the order refusing to sign the bill of exceptions offered to be filed .by appellant was…

1Opinion of the Court

JUDGE ELLIOTT

delivered the opinion oe the court.

Before the Code of 1‘877 took effect the time limited within which to.take an appeal to this court was three years from the rendition of the judgment in the court appealed; from.

One of the questions in this appeal is, whether the limitation prescribed by section 745 of the Code of 1877 applies to this class of cases, or, in other words, what constructive effect is to be given to. section 837 of the new Code ? This court on several occasions has condemned the policy of retrospective legislation, and has stated that retrospective statutes of…

2Cases cited2 opinions

  1. Hedger v. RennakerCourt of Appeals of Kentucky · 1860
  2. Lewis v. Harbin & DowningCourt of Appeals of Kentucky · 1845

3Cited by1 opinion

  1. Hutsell v. Deposit Bank of ParisCourt of Appeals of Kentucky · 1897

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