Riddle v. State

Decided September 15, 1875

Tennessee Supreme Court · decided 1875-09-15

1. CONSTITUTIONAL LAW. Repeal of statute authorizing action against state effective as to previously, accrued rights of actions. A statute giving a right of action against the state may be repealed, and thereafter no suit can be brought ag-ainst the state for cause of action arising before such repeal. The act of 1865, ch. 36, sec. 31, repealing sec. 2807 of the Code of 1858, was constitutionally passed, and was valid. [See Code, sec. 4507, and notes; Walters v. State, 2 Shannon’s Cases, 69; Price v. State, Id., 322; Bnttram v. State, Id., 337; State v. Bank of Tennessee, 3 Bax., 395.] Cited and construed: Acts 1865, ch. 36, sec. 34; Code (1858), see. 2807 (repealed by said act). 2.- SUPREME COURT PRACTICE. May hold up.case awaiting decision in supreme court of the United States. Where a casé has been appealed from our supreme court to the supreme court of the United States, and is there pending, and another case is in our supreme court involving the ver-y same questions, it may set aside the decree or judgment that 1he case may abide the decision of the question in the case pending in the supreme court of the United States.

Decided 1875-09-15

¶1OPINION ON REHEARING.

¶2This case ivas affirmed," upon the call of the unlitigated docket, because the only question in it was determined re-*531eently at Uasbville after thorough arguments and mature examination, and consideration by the court. We are asked to re-hear the case, and several authorities are referred to on which it is insisted that there was error in the affirmance. We have again examined the authorities cited, and are still satisfied that they do not apply to the question involved in the present case, and that our former decision vvas correct.

¶3But as the case decided at ífáshville has heen taken to the IT. S. supreme court, and is there pending, we think it proper to give the complainants their election, either to take this case to that court hy writ of error, or to have the decree and judgment set aside, that the case may abide the decision of the question in the case- now in the IT. S', supreme court.