''Clerke v. Harwood'', 3 U.S. (3 Dall.) 342 (1797), was a

United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...

case that followed the court's decision in ''

Ware v. Hylton ''Ware v. Hylton'', 3 U.S. (3 Dall.) 199 (1796), also known as the British Debt Case, was a decision of the United States Supreme Court holding that treaties take precedence over state law under the U.S. Constitution. It was the first Supreme Cou ...

'', concerning debts owed to British subjects. In the Ware case, the Supreme Court had reversed a decision by the

Maryland Court of Appeals The Supreme Court of Maryland is the state supreme court, highest court of the U.S. state of Maryland. Its name was changed on December 14, 2022, from the Maryland Court of Appeals, after a voter-approved change to the state constitution. The cou ...

, the state's highest court, and restored the decision of a Maryland trial court. In the Clerke case, the Supreme Court considered what should happen to cases presenting a similar question, once the holding of their appeals-court decision had been reversed. Should they be sent back to the Maryland Court of Appeals, or directly back to the trial court? The Supreme Court also considered who should pay the court costs incurred before the Maryland Court of Appeals—the winner before that court, whose victory had since been reversed, or the ultimate winner of the entire case? In a short

per curiam In law, a ''per curiam'' decision (or opinion) is a ruling issued by an appellate court of multiple judges in which the decision rendered is made by the court (or at least, a majority of the court) acting collectively (and typically, though not ...

opinion, the U.S. Supreme Court held that the case should be sent directly back to the Maryland trial court, with the ultimate losing party paying all court costs, even before the Maryland Court of Appeals, where it had won a temporary victory.

References

External links

* United States Supreme Court cases United States Supreme Court cases of the Ellsworth Court 1797 in United States case law {{SCOTUS-stub

See also

References

External links