4 Colo. 433 | Colo. | 1878
In October, A. D. 1872, this action was
W e had occasion to investigate the question here presented very fully in the Denver, South Park & Pacific Railway Co. v. Benjamin Woodward (ante, p. 162). In that case the repealed statute and the repealing act now under consideration, were both examined, and the court arrived at the conclusion that the provision in our Constitution (sec. 11 of the Bill of Rights), prohibiting retrospective legislation, operates, as to pending causes of the character of the one now before us, as a saving clause incorporated into the repealing statute.
Upon the principle announced in that opinion, this case was improperly dismissed.
Judgment reversed and cause remanded for further proceedings not inconsistent with this opinion.
Reversed.