Stoddard v. Owings

Citations

• 42 S.C. 88
• 20 S.E. 25
• 1894 S.C. LEXIS 25

Syllabus

<p>1. Retrospective Statute — Limitation oe Actions. — Statutes are not generally to be given a retroactive operation, but where a statute, reducing the period of limitation of action on a sealed note, declares that it shall not apply to cases where the action has been commenced, or the cause of action has already accrued, the exceptions noted require that the statute shall be construed to govern where a note had then been given, but was not yet due. Hence a sealed note given in 1872 and due December 1, 18Y3, was barred in six years by the limitation prescribed in the act of November 25, 18T3.</p> <p>2. Case Criticised — Definition.—This case distinguished from Hayes v. Clinkscales, 9 S. 0., 441, and the grounds of that decision stated. The phrase, “right of action,” construed.</p> <p>3. Limitation op Actions — Change op Period. — The legislature may change the period prescribed as a limitation to actions, and make such change applicable to antecedent contracts, not then barred, if reasonable time be given to institute action.</p>