Mongin v. Harrison

Supreme Court of Alabama

Mongin v. Harrison

1 Ala. 22

CourtSupreme Court of Alabama

DecidedJanuary 15, 1840

StatusPublished

Cited by1 cases

This text of 1 Ala. 22 (Mongin v. Harrison) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mongin v. Harrison, 1 Ala. 22 (Ala. 1840).

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Opinion

GOLDTHWAITE, J.

— The counsel for the plaintiff in error, contends that ihe right of action on this bond was destroyed by the act of 1st February, 1839, abolishing imprisonment for debt. It is very clear that that statute has no operation whatever, on the right of the obligee, or the remedy sought to be enforced by this action. The breach of the bond occurred previous to the enactment of the statute, and there is not a clause in it which authorizes a supposition that the Legislature intended to attempt to legislate away any vested and complete right of action.

Let the judgment be affirmed.

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GOLDTHWAITE, J.

— The counsel for the plaintiff in error, contends that ihe right of action on this bond was destroyed by the act of 1st February, 1839, abolishing imprisonment for debt. It is very clear that that statute has no operation whatever, on the right of the obligee, or the remedy sought to be enforced by this action. The breach of the bond occurred previous to the enactment of the statute, and there is not a clause in it which authorizes a supposition that the Legislature intended to attempt to legislate away any vested and complete right of action.

Let the judgment be affirmed.

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Bluebook (online)

1 Ala. 22, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mongin-v-harrison-ala-1840.

Opinion

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