1 Doug. 373 | Mich. | 1844
delivered the opinion of the Court.
The simple question presented by this case is, whether, since the Revised Statutes came into operation, a verbal promise will revive a cause of action upon simple con
It is a rule of interpretation, in construing statutes, that all the different parts are to be taken together, as well as other acts in pari materia, in ascertaining the intention of the legislature ; and that effect, if it can be done, is to be given to every part, so that no portion of it shall be left inoperative. And, in taking the different sections of this chapter, bearing on the question, I have had no difficulty in arriving at what was the intention of the legislature.
The 13th section, which is relied on by the plaintiff, provides that, “In actions of debt or upon the case, founded on any contract, no acknowledgment or promise shall be evidence of a new or continuing contract, whereby to take a case out of the operation of the provisions of this chapter, or to deprive any party of the benefit thereof, unless such acknowledgment or promise be made or contained by or in some writing, signed by the party to be charged thereby.” R. S. 578. This is, in its language, broad and general. In the 27th section it is provided, that, when the cause or right of action shall have accrued prior to the time when the Revised Statutes were to take effect, “ it shall not be affected by this chapter, but all such causes of action shall be determined agreeably to the law under which the right of action accrued.” R. S. 580. This section, which is also very broad, it is contended, exempts previously existing causes of action from the operation of the before recited section, as well as the residue of this chapter.
The 25th section provides, that “No personal action shall be maintained which, at or before the day when this
The act of March 6th, 1843, (S. L. 1843, p. 43,) which has been alluded to, has not, that I can perceive, any distinct bearing on the question. Its provisions are not stronger than that of the 27th chapter under consideration. The 3d section, mentioned in-it, of the act to repeal the acts consolidated in the Revised Statutes, refers only to causes of action upon which the statute had commenced running and had not fully run; and the chapter first mentioned in it, is that which prescribes the limitation of actions in respect to real estate. Its language in one particular varies materially from that of the Revised Statutes; and this, with the history of the- statutes of limitations, will show more fully its intent. It provides that the sec
The language of the declaratory act, — “ the several statutes of limitations in this state theretofore in force in this state, applicable to,” &c. would save this consequence. And such appears to me on the face of it to be its intent, as well as to remove the ambiguity created by the 3d sec
But it is insisted that the statute, thus construed, impairs the obligation of contracts ; and the case of Bronson v. Kinzie, 1 Howard U. S. R. 311, is relied on to show that it cannot constitutionally have this effect. Being, as I have stated, but a new and prospective rule of evidence, I cannot perceive how that case, or the constitutional provision urged, is applicable. When the Revised Statutes took effect, this note, being barred, had no legal obligation. The legal remedy was gone; and, if any obligation remained, it was only in foro conscientice. It could only thereafter have legal force and effect by a new contract or promise, of which it might be the consideration. Thus only could any legal obligation be revived in respect to it. The legislature, then, only provided that this new future contract, or promise, should be evidenced by writing, as in several cases of contracts embraced in the statute of frauds. No existing legal right is affected, or legal obligation impaired. We are, then, of opinion that the judgment below should be affirmed, and that it should so be certified to the Circuit Court for-the county of Wayne.
Judgment affirmed.