Giles v. Giles

Minnesota Supreme Court
Giles v. Giles, 22 Minn. 348 (Minn. 1876)
1876 Minn. LEXIS 6
Berry

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Giles v. Giles

Opinion of the Court

Berry, J.

Unless the contrary clearly appears to have been intended by the legislature, statutes should be construed to be prospective in their scope and operation, and not retrospective. This is a familiar canon of construction. Burwell v. Tullis, 12 Minn. 572; Davidson v. Gaston, 16 Minn. 230 ; Sedgwick on Stat. & Const. Law, 2d ed., 160-173. In accordance with this rule we are of opinion that the clause, (found in Laws 1874, ch. 66, § 1,) “ whenever a married man shall be deserted by his wife,” refers to a future desertion — that is to say, to a desertion beginning after the chapter cited goes into effect. In other words, as respects the class of cases provided for in this clause, the law is purely prospective.

Judgment reversed.

Reference

Full Case Name
George Giles v. Anna R. Giles
Cited By
14 cases
Status
Published