78 Va. 239 | Va. | 1883
delivered the opinion of the court.
This case arose out of a motion made by the plaintiff in error to thte circuit court of the county of Frederick, to scale
In Ratcliffe v. Anderson, 31 Gratt. 105, the validity of this enactment was deliberately passed upon, and this court, in an able and well-considered opinion, pronounced by Christian, J., held that it was unconstitutional and void, because it is an infringement upon the judicial department of the government, and because it impairs the obligation of contracts. In that opinion we fully concur. And as the reasons there given equally apply here, this case must he held to be concluded by that decision.
In Ratcliffe v. Anderson, however, the judgment by de-. fault was obtained before the passage of the act of March 25th, 1873, and the motion to scale that judgment was made after the passage of that act, and a distinction is therefore sought to be drawn between that case and this, on the assumption that as to this case that enactment is prospective, and that it, therefore, may be said to constitute a part of the contract To this suggestion we cannot give our assent. It is founded upon an entire misconception of the main ground of objection to the statute. The great vice in this statute, and the one for which it was declared unconstitutional and void, is, that it puts it in the power of a party defendant to destroy the finality of a judgment; that it, in ’
We find no error in the order or judgment of the circuit court of Frederick county, and the same must be affirmed.
Judgment afpiemed.