Clarke v. Conn
From Wythepedia: The George Wythe Encyclopedia
First page of the opinion Clarke v. Conn, in Reports of Cases Argued and Determined in the Supreme Court of Appeals of Virginia, by William Munford. New York: I. Riley, 1812.
Clarke v. Conn, 15 Va. (1 Munf.) 160 (1810),[1] was a case where the Court of Appeals determined whether it had jurisdiction to hear a plea.
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.
