Musgrove v. Vicksburg & Nashville R. R.

Citations

• 50 Miss. 677

Syllabus

<p>I. Repeal of Statutes — Effect thereof.— The effect of the repealing statute is to obliterate the repealed statute as completely as if it never had been passed. It must be considered as a law that never existed except for the purpose of those actions which were commenced, prosecuted and concluded while it was an existing'law. If there has been a change or repeal of the law applicable to the rights of the parties, after rendition of the original judgment and pending the appeal, the case must he heard and decided in the appellate court, according to the then existing law.</p> <p>2. Same — Same.— If the judgment of the court of original jurisdiction was wrong on the law as it then stood, although there may have been error, if the law has been repealed, the appellate court will not reverse and remand, because the inferior court must recognize the repeal and conform on the second trial to the law as it then was.</p> <p>3. Same — Power of the Legislature. — The legislature has plenary-power to enact laws or repeal them, unless prohibited expressly or by implication by the state or federal constitution. The power to repeal a law is as complete and full as the power to enact it. The repeal of a statute terminates all proceedings under it, unless rights have accrued which cannot be divested.</p> <p>4. Vested Rights — Remedies — Power of the State over Them.— The general rule is, that the right to a particular remedy is not a vested right. The exception is of those special cases where the remedy is part of the right itself. Aside from this exception the state has complete control over remedies, provided, that in changing the remedy, it does not impair the preexisting right.</p> <p>5. Same — Act of April 6, 1874.— This statute which repealed the act óf 1872, allowing the auditor to assess a tax, under certain circumstances, to pay a subscription, etc., put an end to proceedings against the auditor to compel the levy of the tax, but did not destroy or impair any vested right