83 F. 643 | 8th Cir. | 1897
after stating the case as above, delivered the opinion of the court.
It will be observed from the foregoing statement that one new trial was had in the case at bar, as of right, on June 16, 1896, — nearly a year after the amendatory act of April 13, 1895, was passed and became operative. The case falls, therefore, within the language of said act; and the general question to be determined is whether the act of April 13, 1895, should be construed as applicable to pending cases, or as solely applicable to suits for possession of real property
It is urged, however, that the statute in force when this suit was hied, to wit, section 272, above quoted, which allowed one new trial to each party on the payment of costs, without showing cause, created a vested right, of which a litigant could not be deprived by an amendment of the statute after a suit had been brought. With reference to this contention, it may be said that section 272 is found in the Colorado Code of Civil Procedure, and is unquestionably it provision relating to (he remedy for the enforcement of a certain civil right It confers a privilege on litigants, in a certain class of civil suits, which the legislature; was at liberty either to grant or to withhold. It is to be observed, further, that the privilege in question does not appertain ' o suits brought for the enforcement of private contracts, hut applies solely to a class of actions which sound in tort; and for that reason it is apparent that the withdrawal of the privilege by the legislature could not, in any event, operate to impair the obligation of a contract. Xow, the rule is well settled,- by a great: number of adjudications, that no one lias a vested interest in any particular remedy for the enforcement of a right. The remedies which one legislature may have prescribed for the redress of private wrongs, a subsequent legislature can change or modify at pleasure,- and make the new remedy applicable to pending controversies, provided a substantial or adequate remedy is left, and provided, further, that the legislature is not prohibited from making (lie new remedy applicable to pending suits by some provision of the organic law. In this respect there is an .ini