111 So. 444 | Miss. | 1927
The determination of the effect, if any, of statutes of limitations on causes of action that accrued prior to the enactment of the statutes, and to which they do not refer, has given the courts considerable difficulty, as will appear from 37 C.J. 694 et seq. It is there said that —
"If an action accrued more than the limited time before the statute was passed, a literal interpretation of the statute would have the effect of absolutely barring such action at once. Such an intent would be unconstitutional, and it will be presumed not to have been in the mind of the legislature. To avoid such a result and to give the statute a construction that will enable it to stand, different modes have been adopted by the various courts. One is to make the statute apply only to causes of action arising after its passage; thus leaving all actions existing at the passage of the act under the operation of prior limitation laws or without any limitation whatever. On the other hand, the rule is frequently laid down that, inasmuch as statutes of limitation affect the remedy only, the statute in force at the time of suit brought governs the case and operates, in the absence of saving clauses on causes of action accruing prior to its passage, especially if the statute extends, instead of *890 shortens, the pre-existing limitation period. And, in giving effect to this view, the rule adopted in some jurisdictions is to construe the statute as applying to such existing actions only as have already run out a portion of the statutory time, but which still have a reasonable time left for prosecution before the statutory time expires, which reasonable time is to be estimated by the court, leaving all other actions, accruing prior to the statute, unaffected by the statute, while the construction adopted by many other courts is to consider the statute as affecting existing causes of action only from the time when they are first subjected to its operation, unless at least they are sooner barred under the old law."
This court, according to that text, must be classed with those jurisdictions which hold that a statute of limitation of actions applies only to causes of action arising after its passage, leaving all actions existing at the passage of the statute under the operation of prior limitation laws, in support of which the cases of Garrett v. Beaumont,
"Administration was granted before the passage of the act, and it was certainly not the intention of the legislature to give it a retrospective effect. If so, many claims may have been barred the moment the statute was passed. The legislature may pass an act of limitations which shall apply to existing causes of action, but reasonable time should be allowed within which suits may be brought. But if the act is silent as to any such intention, it cannot be construed to apply to such cases, when such construction would cut off all remedy. If this statute commenced to run in this case from the grant of administration, of course it did so as to all administrations granted before its passage. Our conclusion is that the act was prospective; that itwas only intended to declare that, as to administratorsthereafter to be appointed, the bar should commence from thequalification of the administrator." (Italics ours.)
Applying this language to the statute here under consideration, we must hold that it was prospective, and was only intended to declare that as to judgments and decrees thereafter to be rendered the bar should commence from the rendition thereof.
Counsel for the appellee rely on the case of Franklin v.Neill Clark (Miss.),
This announcement disposed of the case, but the court did proceed further, saying:
"Except that appeals from such judgments must be prosecuted within the prescribed six months' period immediately following the passage and approval of the amended statute."
As the appeal was taken within six months from the passage of the statute, the question of whether an appeal from a judgment rendered prior to its passage, taken more than six months after its passage, would be barred, was not presented for decision, and consequently could not have been there decided. This announcement was therefore only an expression of opinion on a question not presented for decision, and which the court could not then decide; consequently is not within the rule of stare decisis;
and there is not controlling here. Adams v. R.R. Co.,
Overruled.