Resler v. Shehee
, is a case of the Supreme Court of the United States
. It involved judicial discretion
on whether to hear appeals
Background of the case
Around the turn of the 19th century courts typically met in sessions. Appeals had to be filled in the current session or the next session after the original judgment
. The courts in Virginia
often heard appeals that were filed out of time
. A Court of Hustings
in Alexandria, Virginia
heard a complaint on February 2
. At that time, the laws
of Virginia held that the appeal should be heard on April 6
, 1801. Before the appeal could be heard, The United States Congress
passed an act on February 29
, 1801 creating the District of Columbia
and it's new Circuit Court
. Two terms later, Resler appealed to the new Circuit Court and his appeal was denied on the grounds that it was late. He appealed to the Supreme Court on the grounds that the Virginia appellate courts would have heard the claim.
The decision of the court is sufficiently short at to merit its inclusion here in totality:
It is true that the courts of Virginia have been very liberal in admitting any plea at the next term after an office judgment which was necessary to bring forward the substantial merits of the case, whether it was strictly an issuable plea or not. But at a subsequent term it is matter of discretion with the court whether they will admit any plea at all.
Thus the appeal was dismissed.
Notes and references