Marpole v. Cather's Adm'r.

Citations

• 78 Va. 239
• 1883 Va. LEXIS 32

Syllabus

<p>1. Constitutionality of Statutes-Scaling judgments.-Act approved March 25, 1873, amending section 3 of the act of March 3, 1866, so far as it authorizes the re-opening of a judgment rendered since March 3, 1866, is unconstitutional and void, both because it is an infringement upon the powers of the judicial department of the government, and because it impairs the obligation of contracts.</p> <p>2. Approved.-Ratcliffe v. Anderson, 31 Gratt. 105, is approved.</p> <p>3. Idem-Prospective acts.-Though said act may be prospective and enter into contracts made since its passage, and the judgment sought to be re-opened and scaled under it may have been rendered since its passage, its unconstitutionality is not removed by those facts.</p>