Title
File:WashingtonsReports1798V1BraxtonvMorris.pdf
Braxton v. Morris, Washington Vol. I 380 (1794),[1] is a short decision discussing whether a new legislative rule requiring monetary security could be satisfied by a nominal fee.
Background
The issue before the court regarded a new rule created by the legislature stating that an appellant should show cause as to why the appeal should not be dismissed, unless he or she gave monetary security as a penalty sufficient to cover the decision given. Chancellor Wythe allowed the appellant to appeal with a small (nominal) fee. The issue then came before the court as to the construction of the law and whether Chancellor Wythe was right in taking such a small fee.
The Court's Decision
The Court of Appeals decided that Chancellor Wythe took only as much as he was required to by the statute and although it seemed like a probably in the legislature’s drafting of the law, the problem was the legislatures and not the court’s to fix.
See also
References
- ↑ Bushrod Washington, Reports of Cases Argued and Determined in the Court of Appeals of Virginia,(Richmond: T. Nicolson, 1798), 380.
