Difference between revisions of "Pope v. Towles"

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{{DISPLAYTITLE:''Pope v. Towles''}}
 
{{DISPLAYTITLE:''Pope v. Towles''}}
[[File:WytheAmblerVWyld1852.jpg|link={{filepath:Hening&Munford1810V3PopevTowles.pdf}}|thumb|right|300px|First page of the opinion [[Media:Hening&Munford1810V3PopevTowles.pdf|''Pope v. Towles'']], in [https://catalog.swem.wm.edu/law/Record/2099031 ''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''], by William Hening and William Munford. New York: I. Riley, 1810.]]
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[[File:HeningMunfordPopevTowles1810v3p47.jpg|link={{filepath:Hening&Munford1810V3PopevTowles.pdf}}|thumb|right|300px|First page of the opinion [[Media:Hening&Munford1810V3PopevTowles.pdf|''Pope v. Towles'']], in [https://wm.primo.exlibrisgroup.com/permalink/01COWM_INST/g9pr7p/alma991002298109703196 ''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''], by William Hening and William Munford. New York: I. Riley, 1810.]]
[[Media:Hening&Munford1810V3PopevTowles.pdf|''Pope v. Towles'']], 13 Va. (3 Hen. & M.) 47 (1808),<ref>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.</ref> was a case involving a contract dispute over the shipment of tobacco.
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[[Media:Hening&Munford1810V3PopevTowles.pdf|''Pope v. Towles'']], 13 Va. (3 Hen. & M.) 47 (1808),<ref>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.</ref> was a case involving a contract dispute over the shipment of tobacco.
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==Background==
 
==Background==
 
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.
 
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.
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===The Court's Decision===
 
===The Court's Decision===
Chancellor Wythe dismissed the case. The Court of Appeals unanimously affirmed the decree.
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[[George Wythe|Chancellor Wythe]] dismissed the case. The Court of Appeals unanimously affirmed the decree.
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==See also==
 
==See also==
 
*[[Wythe's Judicial Career]]
 
*[[Wythe's Judicial Career]]
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[[Category: Cases]]
 
[[Category: Cases]]
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[[Category:Procedure]]

Latest revision as of 13:20, 29 March 2022

Pope v. Towles, 13 Va. (3 Hen. & M.) 47 (1808),[1] was a case involving a contract dispute over the shipment of tobacco.

Background

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.

See also

References

  1. 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.