Pope v. Towles
Nicholas Lewis owed John Wily 12,000 lbs of tobacco. John Wily sued Nicholas in General Court and hired Duval as his attorney. Nicholas died after a judgment was made in the Court chambers but before it could be heard in the upcoming term. The Court Clerk, unaware of Nicholas’s death, entered a final judgment against him in October 1783. On March 5, 1801, the suit was abated because of the death of Towles. However, a subpoena to revive the cases was awarded.
The Court's Decision
Chancellor Wythe dismissed the case. The Court of Appeals unanimously affirmed the decree.
- Daniel Call, Reports of Cases Argued and Determined in the Supreme Court of Appeals of Virginia: With Select Cases, Relating Chiefly to Points of Practice, Decided by the Superior Court of Chancery for the Richmond District (New York: I. Riley, 1810), 3:47.