Difference between revisions of "Reports of Cases Argued and Adjudged in the Court of Appeals of Virginia"

From Wythepedia: The George Wythe Encyclopedia
Jump to: navigation, search
(by Daniel Call)
m
(25 intermediate revisions by 9 users not shown)
Line 1: Line 1:
 
{{DISPLAYTITLE:''Reports of Cases Argued and Adjudged in the Court of Appeals of Virginia''}}
 
{{DISPLAYTITLE:''Reports of Cases Argued and Adjudged in the Court of Appeals of Virginia''}}
 
===by Daniel Call===
 
===by Daniel Call===
__NOTOC__
 
 
{{BookPageInfoBox
 
{{BookPageInfoBox
 
|imagename=CallReports1801v1.jpg
 
|imagename=CallReports1801v1.jpg
|link=https://catalog.swem.wm.edu/law/Record/41569
+
|link=https://wm.primo.exlibrisgroup.com/permalink/01COWM_INST/g9pr7p/alma991003563149703196
 
|shorttitle=Reports of Cases Argued and Adjudged in the Court of Appeals of Virginia
 
|shorttitle=Reports of Cases Argued and Adjudged in the Court of Appeals of Virginia
 
|vol=volume one
 
|vol=volume one
|author=Daniel Call
+
|author=[[:Category:Daniel Call|Daniel Call]]
 
|edition=First
 
|edition=First
|publoc=Richmond
+
|publoc=[[:Category:Richmond|Richmond]]
 
|publisher=Printed by Thomas Nicholson
 
|publisher=Printed by Thomas Nicholson
 
|year=1801-1805
 
|year=1801-1805
 
|set=3  
 
|set=3  
|desc=8vo (21 cm.)
+
|desc=[[:Category:Octavos|8vo (21 cm.)]]
}}Daniel Call was born May 5, 1765, the supposed son of a county lieutenant in the American Revolution, William Call. He studied law in the 1780s under the guidance of George Wythe. Soon after, he began practicing in some Petersburg courts as well as in the surrounding towns. In June of 1791 he met the requirements to practice in the Virginia Court of Appeals. Professionally, Call was known as an attorney and court reporter. As an attorney he concentrated on land and equity law.<br />
+
|shelf=G-4
<br />
+
}}[[Daniel Call]] was born May 5, 1765, the supposed son of William Call, a county lieutenant in the American Revolution. He studied law in the 1780s under the guidance of [[George Wythe]]. Soon after, Call began practicing in some Petersburg courts and in the surrounding towns. In June of 1791 he met the requirements to practice in the Virginia Court of Appeals. Professionally, Call was known as an attorney and court reporter. As an attorney he concentrated on land and equity law.
He was best known for publishing case law from the Commonwealth or Virginia. No official law reporters and a small number of published records from the highest tribunal existed in Virginia courts before 1820. Call took on the daunting task of compiling copies of opinions, case notes, his own documents, and documents from judges as well as those of his fellow lawyers to create an applicable set of precedent for the Virginia courts.<ref>E. Lee Shepard, "Call, Daniel" in ''Dictionary of Virginia Biography'' ed. Sara B. Bearss, John T. Kneebbone, J. Jefferson Looney, Brent Tarter, and Sandra Gioia Treadway (Richmond, Virginia: The Library of Virginia, 2001), 514.</ref> Call was the reporter of six volumes of Virginia law in total<ref>Hobson, Charles F. [http://scholarship.law.wm.edu/wmlr/vol47/iss4/6 "St. George Tucker's Law Papers"], ''William and Mary Law Review'', no. 4 (2006): 1248-49, accessed October 18, 2013.</ref>. The first three volumes of his collection, namely ''Reports of Cases Argued and Adjudged in the Court of Appeals of Virginia'', covered the span of case law history from 1797 to 1803. He published three more volumes in 1833 that covered cases from the first Court of Appeals and several decisions from the United States Circuit Court.<ref>E. Lee Shepard, "Call, Daniel," 514.</ref> Call pulled information from a colleague of his, St. George Tucker, in order to bridge the gaps in his collection created by unreported Court of Appeals cases. Call used Tucker’s notes primarily in the latter three volumes.<ref>Hobson, "St. George Tucker's Law Papers."</ref> The last of the volumes was dedicated to judges of the Court of Appeals and bid farewell to his colleagues. Call died May 20, 1840 and was buried next to a good friend and attorney, John Marshall.<ref>E. Lee Shepard, "Call, Daniel," 514.</ref>
+
 
 +
Call was best known for publishing case law from the Commonwealth of Virginia. A small number of published records from Virginia's highest court, and no official law reports existed in Virginia before 1820. Call took on the daunting task of compiling copies of opinions, case notes, his own documents, and documents from judges and fellow lawyers to create precedent for the Virginia courts.<ref>E. Lee Shepard, "Call, Daniel" in ''Dictionary of Virginia Biography'', ed. Sara B. Bearss, John T. Kneebone, J. Jefferson Looney, Brent Tarter, and Sandra Gioia Treadway (Richmond, Virginia: The Library of Virginia, 2001), 514.</ref>
 +
 
 +
Call was the reporter of six volumes of Virginia law in total.<ref>Charles F. Hobson, "[http://scholarship.law.wm.edu/wmlr/vol47/iss4/6 St. George Tucker's Law Papers]," ''William and Mary Law Review'' 47, no. 4 (2006): 1248-49, accessed October 18, 2013.</ref> The first three volumes of his collection, namely ''Reports of Cases Argued and Adjudged in the Court of Appeals of Virginia'', covered case law from 1797 to 1803. He published three more volumes in 1833 that covered cases from the first Court of Appeals and several decisions from the United States Circuit Court.<ref>E. Lee Shepard, "Call, Daniel," 514.</ref> The fourth volume of the second edition contains Call's [[Biographical Sketch of the Judges|biography of Wythe]].<ref>Daniel Call, "[[Biographical Sketch of the Judges|George Wythe]]," ''Reports of Cases Argued and Decided in the Court of Appeals of Virginia,'' 2nd ed. (Richmond, VA: Robert I. Smith, 1833), 4:x-xv. </ref>
 +
 
 +
Call used information from his colleague [[St. George Tucker]] to bridge the gaps in the collection created by unreported Court of Appeals cases, using Tucker’s notes primarily in the latter three volumes.<ref>Hobson, "St. George Tucker's Law Papers."</ref> The last of the volumes was dedicated to judges of the Court of Appeals and bid farewell to his colleagues. Call died May 20, 1840 and was buried next to his good friend [[John Marshall]].<ref>E. Lee Shepard, "Call, Daniel," 514.</ref>
  
 
==Evidence for Inclusion in Wythe's Library==
 
==Evidence for Inclusion in Wythe's Library==
 +
 
George Wythe definitely owned the first edition of this title&mdash;Daniel Call dedicated the reports to George Wythe in volume one:
 
George Wythe definitely owned the first edition of this title&mdash;Daniel Call dedicated the reports to George Wythe in volume one:
[[File:CallReportsOfCasesArgued1801Dedication.jpg|left|thumb|200px|<center>Dedication.</center>]]  
+
[[File:CallReportsOfCasesArgued1801Dedication.jpg|left|thumb|200px|<center>Dedication.</center>]]
<blockquote>To the Honorable GEORGE WYTHE, Esq.<br />
+
 
&nbsp;&nbsp;&nbsp;Judge of the High Court of Chancery.<br />
+
<div style="overflow: hidden;">
&nbsp;&nbsp;SIR,<br />
+
<blockquote>
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;IN thus publicly addressing to you, I am, not influenced by views of private interest, but an unaffected desire of manifesting my esteem for a benefactor; to whom I own the little knowledge I possess; and whose kindness has always been remembered with gratitude.<br />
+
To the Honorable GEORGE WYTHE, Esq.<br />
<br />
+
Judge of the High Court of Chancery.<br />
It occurred to me, that whilst your ingenious labours were employed in administering justice, with honour, integrity and ability, in that Court where you so eminently preside, it could not be indifferent to you, that your fellow citizens at large, should be informed of the true exposition of those laws which are to regulate their conduct through life; and therefore that you would pardon me for prefixing, without your knowledge, this small tribute of respect to a work, which is intended to convey to the public a faithful report of the opinions and decisions of the highest tribunal in the state, upon some important points of Law and Equity. Under these impressions I have acted; and I trust the motive will be a sufficient excuse.<br />
+
 
<br />
+
SIR,
Permit me to add a sincere prayer, that you may long live to serve your Country, with those useful virtues and talents, which adorn the Bench and cast a luster over your private life.<br />
+
 
<br />
+
IN thus publicly addressing to you, I am, not influenced by views of private interest, but an unaffected desire of manifesting my esteem for a benefactor; to whom I own the little knowledge I possess; and whose kindness has always been remembered with gratitude.
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;I am sir,<br />
+
 
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;your most Obt. Servant.<br />
+
It occurred to me, that whilst your ingenious labours were employed in administering justice, with honour, integrity and ability, in that Court where you so eminently preside, it could not be indifferent to you, that your fellow citizens at large, should be informed of the true exposition of those laws which are to regulate their conduct through life; and therefore that you would pardon me for prefixing, without your knowledge, this small tribute of respect to a work, which is intended to convey to the public a faithful report of the opinions and decisions of the highest tribunal in the state, upon some important points of Law and Equity. Under these impressions I have acted; and I trust the motive will be a sufficient excuse.
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;DANIEL CALL.</blockquote>
+
 
 +
Permit me to add a sincere prayer, that you may long live to serve your Country, with those useful virtues and talents, which adorn the Bench and cast a luster over your private life.
 +
::::I am sir,<br />
 +
:::::::your most Obt. Servant.<br />
 +
::::::::DANIEL CALL.
 +
</blockquote>
 +
</div>
 +
 
 +
The Library of Congress owns volume one of the dedication copy given to Wythe. The volume includes the inscription "From the Author, with the most affectionate regard and the profoundest respect, to the Honorable George Wythe Esquire."<ref>E. Millicent Sowerby, ''Catalogue of the Library of Thomas Jefferson'', (Washington, D.C.: The Library of Congress, 1952-1959), 2:353 [[http://babel.hathitrust.org/cgi/pt?id=mdp.39015033648109;view=1up;seq=371 no.2091]].</ref> [[Thomas Jefferson]] listed this title in his [[Jefferson Inventory|inventory]] of [[Wythe's Library]] as "Call’s reports. 2.v. 8vo." He kept the volume and later sold it to the Library of Congress. Wythe quotes directly from volume three for his pamphlet, [[Case of Overtons Mill: Prolegomena|''The Case of Overtons Mill: Prolegomena'']]. Three of the [[George Wythe Collection]] sources ([[Dean Bibliography|Dean's Memo]]<ref>[[Dean Bibliography|Memorandum from Barbara C. Dean]], Colonial Williamsburg Found., to Mrs. Stiverson, Colonial Williamsburg Found. (June 16, 1975), 3 (on file at Wolf Law Library, College of William & Mary).</ref>, Brown's Bibliography<ref>Bennie Brown, "The Library of George Wythe of Williamsburg and Richmond," (unpublished manuscript, May, 2012) Microsoft Word file. Earlier edition available at: https://digitalarchive.wm.edu/handle/10288/13433.</ref> and [http://www.librarything.com/profile/GeorgeWythe George Wythe's Library]<ref>''LibraryThing'', s.v. "[http://www.librarything.com/profile/GeorgeWythe Member: George Wythe]," accessed on February 18, 2014.</ref> on LibraryThing) include Call's ''Reports'' based on the copy at the Library of Congress. The Wolf Law Library moved a copy of volume one from an existing rare book collection and purchased copies of volumes two and three.
  
The Library of Congress owns volume one of the dedication copy given to Wythe. The volume includes the inscription "From the Author, with the most affectionate regard and the profoundest respect, to the Honorable George Wythe Esquire."<ref>E. Millicent Sowerby, ''Catalogue of the Library of Thomas Jefferson'', 2nd ed. (Charlottesville: University Press of Virginia, 1983), 2:353 [no.2091].</ref> [[Thomas Jefferson]] listed this title in his [[Jefferson Inventory|inventory]] of [[Wythe's Library]] as ''Call’s reports. 2.v. 8vo.'' He kept the volume and later sold it to the Library of Congress. Three of the [[George Wythe Collection]] sources ([[Dean Bibliography|Dean's Memo]]<ref>[[Dean Bibliography|Memorandum from Barbara C. Dean]], Colonial Williamsburg Found., to Mrs. Stiverson, Colonial Williamsburg Found. (June 16, 1975), 3 (on file at Wolf Law Library, College of William & Mary).</ref>, Brown's Bibliography<ref>Bennie Brown, "The Library of George Wythe of Williamsburg and Richmond," (unpublished manuscript, May, 2012) Microsoft Word file. Earlier edition available at: https://digitalarchive.wm.edu/handle/10288/13433</ref> and [http://www.librarything.com/profile/GeorgeWythe George Wythe's Library]<ref>''LibraryThing'', s. v. [http://www.librarything.com/profile/GeorgeWythe "Member: George Wythe"], accessed on February 18, 2014.</ref> on LibraryThing) include Call's ''Reports'' based on the copy at the Library of Congress. The Wolf Law Library moved a copy of volume one from an existing rare book collection and purchased copies of volumes two and three.
 
 
==Description of the Wolf Law Library's copy==
 
==Description of the Wolf Law Library's copy==
Volume one recently rebound in period style, full calf with red and black labels. Title page includes the inscription "Nicolas Vanstavern." Volumes two and three in contemporary full calf with original red morocco labels. Both have additional black name label for "James Mann." These two volumes were purchased from Capitol Hill Books.
+
Volume one recently rebound in period style, full calf with red and black labels. Title page includes the inscription "Nicholas Vanstavern." Volumes two and three in contemporary full calf with original red morocco labels. Both have additional black name label for "James Mann." These two volumes were purchased from Capitol Hill Books.
 +
 
 +
Images of the library's copy of this book are [https://www.flickr.com/photos/wolflawlibrary/sets/72157658250595818 available on Flickr.] View the record for this book in [https://wm.primo.exlibrisgroup.com/permalink/01COWM_INST/g9pr7p/alma991003563149703196 William & Mary's online catalog.]
 +
 
 +
===Full text===
 +
*[http://lawlibrary.wm.edu/wythepedia/library/CallReportsOfCasesArguedAndAdjudgedInTheCourtOfAppealsOfVirginia1801Vol1.pdf Volume I] (27MB PDF)
 +
*[http://lawlibrary.wm.edu/wythepedia/library/CallReportsOfCasesArguedAndAdjudgedInTheCourtOfAppealsOfVirginia1802Vol2.pdf Volume II] (27MB PDF)
 +
*[http://lawlibrary.wm.edu/wythepedia/library/CallReportsOfCasesArguedAndAdjudgedInTheCourtOfAppealsOfVirginia1805Vol3.pdf Volume III] (24MB PDF)
 +
 
 +
==See also==
 +
*[[George Wythe Room]]
 +
*[[Jefferson Inventory]]
 +
*[[Wythe's Library]]
  
View this book in [https://catalog.swem.wm.edu/law/Record/41569 William & Mary's online catalog.]
 
 
==References==
 
==References==
 
<references/>
 
<references/>
  
 
==External Links==
 
==External Links==
Read volume one in [http://books.google.com/books?id=FTITAAAAYAAJ&printsec=frontcover Google Books].
+
*Read volume one in [http://books.google.com/books?id=FTITAAAAYAAJ&printsec=frontcover Google Books].
 
+
*Read volume two in [http://books.google.com/books?id=zDATAAAAYAAJ&printsec=frontcover Google Books].
Read volume two in [http://books.google.com/books?id=zDATAAAAYAAJ&printsec=frontcover Google Books].
 
  
 +
__NOTOC__
 
[[Category:Case Reports]]
 
[[Category:Case Reports]]
 +
[[Category:Daniel Call]]
 
[[Category:George Wythe Collection at William & Mary's Wolf Law Library]]
 
[[Category:George Wythe Collection at William & Mary's Wolf Law Library]]
 +
[[Category:Jefferson's Books]]
 
[[Category:Titles in Wythe's Library]]
 
[[Category:Titles in Wythe's Library]]
 
[[Category:Virginia Reports]]
 
[[Category:Virginia Reports]]
 +
 +
[[Category:Octavos]]
 +
[[Category:Richmond]]

Revision as of 14:49, 13 October 2021

by Daniel Call

Reports of Cases Argued and Adjudged in the Court of Appeals of Virginia
CallReports1801v1.jpg

Title page from Reports of Cases Argued and Adjudged in the Court of Appeals of Virginia, volume one, George Wythe Collection, Wolf Law Library, College of William & Mary.

Author Daniel Call
Editor {{{editor}}}
Translator {{{trans}}}
Published Richmond: Printed by Thomas Nicholson
Date 1801-1805
Edition First
Language {{{lang}}}
Volumes 3 volume set
Pages {{{pages}}}
Desc. 8vo (21 cm.)
Location Shelf G-4
  [[Shelf {{{shelf2}}}]]

Daniel Call was born May 5, 1765, the supposed son of William Call, a county lieutenant in the American Revolution. He studied law in the 1780s under the guidance of George Wythe. Soon after, Call began practicing in some Petersburg courts and in the surrounding towns. In June of 1791 he met the requirements to practice in the Virginia Court of Appeals. Professionally, Call was known as an attorney and court reporter. As an attorney he concentrated on land and equity law.

Call was best known for publishing case law from the Commonwealth of Virginia. A small number of published records from Virginia's highest court, and no official law reports existed in Virginia before 1820. Call took on the daunting task of compiling copies of opinions, case notes, his own documents, and documents from judges and fellow lawyers to create precedent for the Virginia courts.[1]

Call was the reporter of six volumes of Virginia law in total.[2] The first three volumes of his collection, namely Reports of Cases Argued and Adjudged in the Court of Appeals of Virginia, covered case law from 1797 to 1803. He published three more volumes in 1833 that covered cases from the first Court of Appeals and several decisions from the United States Circuit Court.[3] The fourth volume of the second edition contains Call's biography of Wythe.[4]

Call used information from his colleague St. George Tucker to bridge the gaps in the collection created by unreported Court of Appeals cases, using Tucker’s notes primarily in the latter three volumes.[5] The last of the volumes was dedicated to judges of the Court of Appeals and bid farewell to his colleagues. Call died May 20, 1840 and was buried next to his good friend John Marshall.[6]

Evidence for Inclusion in Wythe's Library

George Wythe definitely owned the first edition of this title—Daniel Call dedicated the reports to George Wythe in volume one:

Dedication.

To the Honorable GEORGE WYTHE, Esq.
Judge of the High Court of Chancery.

SIR,

IN thus publicly addressing to you, I am, not influenced by views of private interest, but an unaffected desire of manifesting my esteem for a benefactor; to whom I own the little knowledge I possess; and whose kindness has always been remembered with gratitude.

It occurred to me, that whilst your ingenious labours were employed in administering justice, with honour, integrity and ability, in that Court where you so eminently preside, it could not be indifferent to you, that your fellow citizens at large, should be informed of the true exposition of those laws which are to regulate their conduct through life; and therefore that you would pardon me for prefixing, without your knowledge, this small tribute of respect to a work, which is intended to convey to the public a faithful report of the opinions and decisions of the highest tribunal in the state, upon some important points of Law and Equity. Under these impressions I have acted; and I trust the motive will be a sufficient excuse.

Permit me to add a sincere prayer, that you may long live to serve your Country, with those useful virtues and talents, which adorn the Bench and cast a luster over your private life.

I am sir,
your most Obt. Servant.
DANIEL CALL.

The Library of Congress owns volume one of the dedication copy given to Wythe. The volume includes the inscription "From the Author, with the most affectionate regard and the profoundest respect, to the Honorable George Wythe Esquire."[7] Thomas Jefferson listed this title in his inventory of Wythe's Library as "Call’s reports. 2.v. 8vo." He kept the volume and later sold it to the Library of Congress. Wythe quotes directly from volume three for his pamphlet, The Case of Overtons Mill: Prolegomena. Three of the George Wythe Collection sources (Dean's Memo[8], Brown's Bibliography[9] and George Wythe's Library[10] on LibraryThing) include Call's Reports based on the copy at the Library of Congress. The Wolf Law Library moved a copy of volume one from an existing rare book collection and purchased copies of volumes two and three.

Description of the Wolf Law Library's copy

Volume one recently rebound in period style, full calf with red and black labels. Title page includes the inscription "Nicholas Vanstavern." Volumes two and three in contemporary full calf with original red morocco labels. Both have additional black name label for "James Mann." These two volumes were purchased from Capitol Hill Books.

Images of the library's copy of this book are available on Flickr. View the record for this book in William & Mary's online catalog.

Full text

See also

References

  1. E. Lee Shepard, "Call, Daniel" in Dictionary of Virginia Biography, ed. Sara B. Bearss, John T. Kneebone, J. Jefferson Looney, Brent Tarter, and Sandra Gioia Treadway (Richmond, Virginia: The Library of Virginia, 2001), 514.
  2. Charles F. Hobson, "St. George Tucker's Law Papers," William and Mary Law Review 47, no. 4 (2006): 1248-49, accessed October 18, 2013.
  3. E. Lee Shepard, "Call, Daniel," 514.
  4. Daniel Call, "George Wythe," Reports of Cases Argued and Decided in the Court of Appeals of Virginia, 2nd ed. (Richmond, VA: Robert I. Smith, 1833), 4:x-xv.
  5. Hobson, "St. George Tucker's Law Papers."
  6. E. Lee Shepard, "Call, Daniel," 514.
  7. E. Millicent Sowerby, Catalogue of the Library of Thomas Jefferson, (Washington, D.C.: The Library of Congress, 1952-1959), 2:353 [no.2091].
  8. Memorandum from Barbara C. Dean, Colonial Williamsburg Found., to Mrs. Stiverson, Colonial Williamsburg Found. (June 16, 1975), 3 (on file at Wolf Law Library, College of William & Mary).
  9. Bennie Brown, "The Library of George Wythe of Williamsburg and Richmond," (unpublished manuscript, May, 2012) Microsoft Word file. Earlier edition available at: https://digitalarchive.wm.edu/handle/10288/13433.
  10. LibraryThing, s.v. "Member: George Wythe," accessed on February 18, 2014.

External Links