Minnesota Supreme Court, 1876

Giles v. Giles

Giles v. Giles
Minnesota Supreme Court · Decided January 27, 1876 · Berry
22 Minn. 348; 1876 Minn. LEXIS 6 (Minnesota Reports)

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.