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

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(Summary paragraphs by Stephanie Wilmes.)
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[http://en.wikipedia.org/wiki/Bushrod_Washington Bushrod Washington] (1762-1829), the nephew of George Washington, is most well-known for his tenure on the United States Supreme Court from 1798 until his death in 1829.<ref>''The Oyez Project at IIT Chicago-Kent College of Law'', s.v. Bushrod Washington," accessed October 11, 2013, http://www.oyez.org/justices/bushrod_washington.</ref> After studying law under [[George Wythe]] at the College of William and Mary in 1780, he began a long career in politics and law.<ref>Timothy L. Hall, “Washington, Bushrod” in ''Supreme Court Justices: A Biographical Dictionary'' (New York: Facts On File, Inc., 2001), U.S. Government Online, Facts On File, Inc., accessed 11 October 2013, http://www.fofweb.com/activelink2.asp?p=details.aspx&ItemID=WE36&iPin=SCJ012&SingleRecord=True.</ref> In the 1790s, he established a practice in Richmond. During this decade, he regularly appeared before the Virginia Court of Appeals.<ref>Ibid.</ref> He also served as a reporter for the court, and the notes he made of the cases he observed eventually became the basis for his ''Reports of Cases Argued in the Virginia Court of Appeals''.<ref>Ibid.</ref><br />
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[http://en.wikipedia.org/wiki/Bushrod_Washington Bushrod Washington] (1762-1829), the nephew of [[George Washington]], is most well-known for his tenure on the United States Supreme Court from 1798 until his death in 1829.<ref>''The Oyez Project at IIT Chicago-Kent College of Law'', s.v. Bushrod Washington," accessed October 11, 2013, http://www.oyez.org/justices/bushrod_washington.</ref> After studying law under [[George Wythe]] at the College of William and Mary in 1780, he began a long career in politics and law.<ref>Timothy L. Hall, “Washington, Bushrod” in ''Supreme Court Justices: A Biographical Dictionary'' (New York: Facts On File, Inc., 2001), U.S. Government Online, Facts On File, Inc., accessed 11 October 2013, http://www.fofweb.com/activelink2.asp?p=details.aspx&ItemID=WE36&iPin=SCJ012&SingleRecord=True.</ref> In the 1790s, he established a practice in Richmond. During this decade, he regularly appeared before the Virginia Court of Appeals.<ref>Ibid.</ref> He also served as a reporter for the court, and the notes he made of the cases he observed eventually became the basis for his ''Reports of Cases Argued in the Virginia Court of Appeals''.<ref>Ibid.</ref><br />
 
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At the time that Washington published his ''Reports'' in 1823, the recording and collecting of written summaries of court cases in the States was still a fairly new practice.<ref>William Winslow Crosskey, ''Politics and the Constitution in the History of the United States'' (Chicago: University of Chicago Press, 1953), 599-605.</ref> No equivalent reports yet existed in Georgia, Delaware, or Rhode Island, and the practice in several other States was less than 20 years old.<ref>Ibid, 605.</ref> Without published records of judicial opinions and the reasoning behind them, a common law could not exist.<ref>Ibid, 600.</ref> Judges had no reference to precedent. Instead, they had to rely on English common law, the authority of which was questionable in the United States,<ref>Ibid, 601.</ref> or their own transient memory.<ref>Ibid, 600.</ref> Even recorded decisions were of little use unless they were collected in a reporter like Washington’s: a State’s records were often scattered throughout that State, making any attempt to search through prior cases nearly impossible.<ref>Ibid, 605.</ref>  
 
At the time that Washington published his ''Reports'' in 1823, the recording and collecting of written summaries of court cases in the States was still a fairly new practice.<ref>William Winslow Crosskey, ''Politics and the Constitution in the History of the United States'' (Chicago: University of Chicago Press, 1953), 599-605.</ref> No equivalent reports yet existed in Georgia, Delaware, or Rhode Island, and the practice in several other States was less than 20 years old.<ref>Ibid, 605.</ref> Without published records of judicial opinions and the reasoning behind them, a common law could not exist.<ref>Ibid, 600.</ref> Judges had no reference to precedent. Instead, they had to rely on English common law, the authority of which was questionable in the United States,<ref>Ibid, 601.</ref> or their own transient memory.<ref>Ibid, 600.</ref> Even recorded decisions were of little use unless they were collected in a reporter like Washington’s: a State’s records were often scattered throughout that State, making any attempt to search through prior cases nearly impossible.<ref>Ibid, 605.</ref>  

Revision as of 15:51, 26 February 2014

by Bushrod Washington

Bushrod Washington (1762-1829), the nephew of George Washington, is most well-known for his tenure on the United States Supreme Court from 1798 until his death in 1829.[1] After studying law under George Wythe at the College of William and Mary in 1780, he began a long career in politics and law.[2] In the 1790s, he established a practice in Richmond. During this decade, he regularly appeared before the Virginia Court of Appeals.[3] He also served as a reporter for the court, and the notes he made of the cases he observed eventually became the basis for his Reports of Cases Argued in the Virginia Court of Appeals.[4]

At the time that Washington published his Reports in 1823, the recording and collecting of written summaries of court cases in the States was still a fairly new practice.[5] No equivalent reports yet existed in Georgia, Delaware, or Rhode Island, and the practice in several other States was less than 20 years old.[6] Without published records of judicial opinions and the reasoning behind them, a common law could not exist.[7] Judges had no reference to precedent. Instead, they had to rely on English common law, the authority of which was questionable in the United States,[8] or their own transient memory.[9] Even recorded decisions were of little use unless they were collected in a reporter like Washington’s: a State’s records were often scattered throughout that State, making any attempt to search through prior cases nearly impossible.[10]

Bibliographic Information

Author: Bushrod Washington

Title: Reports of Cases Argued and Determined in the Court of Appeals of Virginia

Published: Richmond: Printed by Thomas Nicolson, 1798-1799.

Edition:

Evidence for Inclusion in Wythe's Library

Description of the Wolf Law Library's copy

View this book in William & Mary's online catalog.

External Links

Google Books

References

  1. ↑ The Oyez Project at IIT Chicago-Kent College of Law, s.v. Bushrod Washington," accessed October 11, 2013, http://www.oyez.org/justices/bushrod_washington.
  2. ↑ Timothy L. Hall, “Washington, Bushrod” in Supreme Court Justices: A Biographical Dictionary (New York: Facts On File, Inc., 2001), U.S. Government Online, Facts On File, Inc., accessed 11 October 2013, http://www.fofweb.com/activelink2.asp?p=details.aspx&ItemID=WE36&iPin=SCJ012&SingleRecord=True.
  3. ↑ Ibid.
  4. ↑ Ibid.
  5. ↑ William Winslow Crosskey, Politics and the Constitution in the History of the United States (Chicago: University of Chicago Press, 1953), 599-605.
  6. ↑ Ibid, 605.
  7. ↑ Ibid, 600.
  8. ↑ Ibid, 601.
  9. ↑ Ibid, 600.
  10. ↑ Ibid, 605.
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