Knox County v. Morton

68 F. 787, 15 C.C.A. 671, 1895 U.S. App. LEXIS 2909
CourtCourt of Appeals for the Eighth Circuit
DecidedJune 17, 1895
DocketNo. 603
StatusPublished
Cited by23 cases

This text of 68 F. 787 (Knox County v. Morton) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Knox County v. Morton, 68 F. 787, 15 C.C.A. 671, 1895 U.S. App. LEXIS 2909 (8th Cir. 1895).

Opinion

SANBORN, Circuit Judge,

after stating the facts as above, delivered the opinion of the court.

Is the time within which an action may be maintained upon a county warrant issued by a county in the state of Missouri limited by section 6774 or by section 3195 of the Revised Statutes of Missouri of 1889? This is the only question that requires consideration in this case. Section 6774 is a part of the general statute of limitations of the state of Missouri, and is found in chapter 103 of the revision of 1889, which is entitled “Limitations of Actions.” The provisions of that , chapter that are material to the decision of this question are:

“Sec. 6773. Period of Limitation. Prescribed. — Civil actions, other than those for the recovery of real property, can only be commenced within the periods prescribed in the following sections, after the causes of action shall have accrued.
“See. 6774. What Actions shall be Commenced within Ten Years. — Within ten years: First, an action upon any writing, whether sealed or unsealed, for the payment of money or property; * * * third, actions for relief, not herein otherwise provided for.”
“Sec. 6791. Actions Otherwise Limited. — The provisions of this chapter shall not extend to any action which is or shall be otherwise limited by any statute; - but such -action shall be brought within the time limited by such statute.”

Section 3195 is a part of chapter 45 of the revision of 1889, which is entitled “Counties,” and it is found under article 4 of that chapter, which is entitled “County Treasurers and County Warrants.” The provisions of this section that are pertinent to the question at issue are as follows:

“See. 3195. When Canceled — Barred by Lapse of Time, When. * * * And whenever any such warrant, being delivered, shall not be presented to the county' treasurer for payment within five years after the date thereof, or, being presented within that time and protested for want of funds to pay if, shall not be again presented for payment within five years after funds shall have been set apart for the payment thereof, such warrant shall be barred and shall not be paid, nor shall it be received in payment of any taxes or other dues.”

The legal effect of the provisions of chapter 103 is to limit the time within which actions can be maintained upon writings for the pay-[789]*789ineiit of money to 1.0 years, except in cases in which the time for the maintenance of such actions is limited by some other statute; and they expressly provide that in the latter cases the actions shall be brought within the time limited by such statute. The legal effect of section 3193 is to limit the time within which an action can be maintained upon a county warrant to five years after the date thereof, when it is not presented and protested within that time, and in the latter case to five years after funds have been set apart for the payment thereof, unless it is again presented. Attempted judicial construction of the unequivocal language of a statute serves only to create doubt and to confuse the judgment. Where the meaning of statutes is plain and clear on their face, arguments drawn from the history of the legisla I ion and the possible motives or purposes of legislators are entitled to very little consideration. They often serve rather to obscure than to elucidate the meaning of the laws, and, where the signification of the language is. certain, the legislature must ordinarily be presumed to have meant what they have expressed. It is only when the terms of the statute are ambiguous, or their signification is doubtful, that the history of the laws and the probable purpose of the legislators can aid in their construction. The statutes we have quoted have been in force in the state of Missouri from a time anterior to the issue of the warrant in question, and their language seems to us so certain, and its signification so plain, that we are compelled to refuse to follow counsel for plaintiff in error into the consideration of matters that are not disclosed hv their terms. There is no safer or better settled canon for the interpretation of a statute than that, when its language is plain and unambiguous, it should be held to mean what it plainly expresses, and no room is left for construction. U. S. v. Fisher, 2 Cranch, 358, 399; Railway Co. v. Phelps, 137 U. S. 528, 536, 11 Sup. Ct. 168; Bedsworth v. Bowman, 104 Mo. 44, 49, 15 S. W. 990; Warren v. Paving Co., 115 Mo. 572, 576, 22 S. W. 490; Davenport v. City of Hannibal, 120 Mo. 150, 25 S. W. 364.

In his discussion of the language of these statutes, counsel for the plaintiff in error insists that actions upon county warrants cannot be limited by section 3195, because the effect of such a holding would be to repeal by implication the limitation of 10 years, prescribed by chapter 103. But section 6791 expressly provides that the limitation of 10 years prescribed by section 6774 of that chapter shall not extend to any action limited by any other statute, but that in such a case the limitation prescribed by the latter statute shall govern. Actions upon county warrants have been expressly limited by another statute, which is embodied in section 3395. A decision that actions upon county warrants are limited and governed by the latter statute is not a, holding that any of the provisions of sections 6774 and 6791 have been repealed by implication. It is a decision that all of their provisions are in force, and that they must be applied. On the other hand, a decision that actions upon county warrants are not limited by section 3195 is, in effect, a repeal by judicial construction of both section 3195, the statute which limits the action, and section 6791, the statute which provides that in such cases the [790]*790actions stall not be limited by tbe provisions of chapter 103, but shall be governed by the special statute that prescribes their limitation. It is argued that section 3195 does not limit actions upon county warrants, because chapter 103 provides that “civil actions can only be commenced within the periods prescribed in the following sections,” while section 33.95 has no provision about the commencement of actions upon county warrants, but simply declares that warrants “shall be barred” at the expiration of the periods it specifies. This contention sticks in the words of these statutes, and ignores their legal effect.’ It goes without saying that the provision that “civil actions can only be commenced within the periods prescribed in the following sections” does not prevent the commencement of actions after those periods have passed; nor does it prevent the prosecution of such actions to judgment, if the defendants fail to interpose by demurrer or answer their pleas of the statute of limitations. When such pleas are interposed, and then only, the statute takes effect, and bars the actions by the lapse of time. The legal effect of this provision, then, is, not to prevent the commencement of actions after the time limited has expired, but to bar their successful maintenance if the defendants properly interpose their pleas of the statute. The provision in section 3195 that the warrant shall be barred has exactly the same legal effect upon actions commenced upon these warrants after the times there limited have expired. It prevents the successful maintenance of the actions if the lapse of time is properly pleaded. It bars a recovery in that event, and this is the effect, and the only effect, of the limitations in chapter 103.

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Cite This Page — Counsel Stack

Bluebook (online)
68 F. 787, 15 C.C.A. 671, 1895 U.S. App. LEXIS 2909, Counsel Stack Legal Research, https://law.counselstack.com/opinion/knox-county-v-morton-ca8-1895.