United States Fidelity & Guaranty Co. v. United States Ex Rel. Struthers Wells Co.

Citations

• 209 U.S. 306
• 28 S. Ct. 537
• 52 L. Ed. 804
• 1908 U.S. LEXIS 1704

Syllabus

<p>There is always a strong presumption that a statute was not meant to act retrospectively, and it should never receive such a construction if susceptible of any other, nor unless the words are so clear, strong and imperative as to have no other meaning.</p> <p>The act of February 24, 1905, c. 778, 33 Stat. 811, amending the act of August 13, 1894, c. 280, 28 Stat. 278, is prospective and does not relate to or affect actions based on rights of materird-men which had accrued prior to its passage, and such actions are properly brought under the act of 1394.</p> <p>The absolute taking away of a present right to sue and suspending it until after certain events have happened, and the giving of preferences between creditors, are not mere matters of procedure but affect substantial rights, and as the act of February 24, 1905, consists of but a single section and deals with such subjects and only incidentally applies to procedure, the entire statute must be construed under the general rule that it is not retrospective in any respect.</p>