who delivered their opinions first, concluded with saying that they would not alter the law which had been so long established, and therefore there was judgment for petitioner.
But Ashe, J. concurred in the opinion of Johnston.
Smith v. Smith's Executors, 1 N.C. 26, 1 Mart. 26 (1790)
1790
·
North Carolina Superior Court
1 N.C. 26, 1 Mart. 26
Edenton,
, - Term, 17-.
SMITH versus SMITH's EXECUTORS.
IT was admitted on both sides, that the testator died during session, and before the ratification of the act, for that the question was when the act should begin, to operate.
Iredell for the petition infifted,
on the authority of many cases he produced, to show that all acts of the British parliament take effort as effects from the first day of the session, and therefore fic bic.
Johnson for the defendant in answer,
relied on the words and spirit of the Constitution,† that the signing of the Speakers is necessary to give the act the sanction of a law.