Difference between revisions of "Clarke v. Conn"
From Wythepedia: The George Wythe Encyclopedia
(Created page with "{{DISPLAYTITLE:''Clarke v. Conn''}} File:MunfordsReports1812V1ClarkevConn.pdf|link=Media:MunfordsReports1812V1ClarkevConn.pdf|thumb|right|300px|First page of the opinion [[M...") |
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{{DISPLAYTITLE:''Clarke v. Conn''}} | {{DISPLAYTITLE:''Clarke v. Conn''}} | ||
− | [[File:MunfordsReports1812V1ClarkevConn. | + | [[File:MunfordsReports1812V1ClarkevConn.jpg|link=Media:MunfordsReports1812V1ClarkevConn.pdf|thumb|right|300px|First page of the opinion [[Media:MunfordsReports1812V1ClarkevConn.pdf|''Clarke v. Conn'']], in [http://wm-primo.hosted.exlibrisgroup.com/01COWM_WM:EVERYTHING:01COWM_WM_ALMA21560678820003196 ''Reports of Cases Argued and Determined in the Supreme Court of Appeals of Virginia''], by William Munford. New York: I. Riley, 1812.]] |
__NOTOC__ | __NOTOC__ | ||
− | [[Media:MunfordsReports1812V1ClarkevConn.pdf|''Clarke v. Conn'']], Munford Vol. I 160 (1810),<ref>William Munford, '' | + | [[Media:MunfordsReports1812V1ClarkevConn.pdf|''Clarke v. Conn'']], Munford Vol. I 160 (1810),<ref>William Munford, ''Reports of Cases Argued and Determined in the Supreme Court of Appeals of Virginia,'' (New York: I. Riley, 1812), 1:160.</ref> was a case where the Court of Appeals had to determine whether it had jurisdiction to hear the case. |
==Background== | ==Background== | ||
− | Chancellor Wythe dismissed the original case with court costs. However, the plaintiff sought an appeal which required a security be paid to the court clerk. The plaintiff failed to make that deadline but a motion was granted by the court to allow the plaintiff to submit his bond and security at a later date. After the appeal was docketed for almost 5 years, the defendant submitted a motion dismissing the case for being improvidently (mistakenly, misleadingly) granted. | + | Chancellor Wythe dismissed the original case with court costs. However, the plaintiff sought an appeal which required a security be paid to the court clerk. The plaintiff failed to make that deadline but a motion was granted by the court to allow the plaintiff to submit his bond and security at a later date. After the appeal was docketed for almost 5 years, the defendant submitted a motion dismissing the case for being improvidently (mistakenly, misleadingly) granted. |
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===The Court's Decision=== | ===The Court's Decision=== | ||
After a hard deliberation, the Court of Appeals also dismissed the case for lack of jurisdiction. | After a hard deliberation, the Court of Appeals also dismissed the case for lack of jurisdiction. | ||
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==See also== | ==See also== | ||
*[[Wythe's Judicial Career]] | *[[Wythe's Judicial Career]] | ||
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==References== | ==References== | ||
<references/> | <references/> | ||
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[[Category: Cases]] | [[Category: Cases]] |
Revision as of 14:24, 4 March 2018
Clarke v. Conn, Munford Vol. I 160 (1810),[1] was a case where the Court of Appeals had to determine whether it had jurisdiction to hear the case.
Background
Chancellor Wythe dismissed the original case with court costs. However, the plaintiff sought an appeal which required a security be paid to the court clerk. The plaintiff failed to make that deadline but a motion was granted by the court to allow the plaintiff to submit his bond and security at a later date. After the appeal was docketed for almost 5 years, the defendant submitted a motion dismissing the case for being improvidently (mistakenly, misleadingly) granted.
The Court's Decision
After a hard deliberation, the Court of Appeals also dismissed the case for lack of jurisdiction.
See also
References
- ↑ William Munford, Reports of Cases Argued and Determined in the Supreme Court of Appeals of Virginia, (New York: I. Riley, 1812), 1:160.