''Resler v. Shehee'', 5 U.S. (1 Cranch) 110 (1801), was a
United States Supreme Court case that involved
judicial discretion Judicial discretion is the power of the judiciary to make some legal decisions according to their discretion. Under the doctrine of the separation of powers, the ability of judges to exercise discretion is an aspect of judicial independence. Where ...
on whether to hear
appeal
In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and ...
s filed late.
Background
Around the start 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 The Court of Husting is a court that sat at the Guildhall in the City of London. It is believed to be the oldest court in the City of London and had the jurisdiction of a county court. Whilst the court has not been abolished, it no longer sits and ...
in
Alexandria, Virginia heard a complaint on February 2, 1801. 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 its 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.
[. ]
Opinion of the Court
The decision of the court is sufficiently short as to merit its inclusion here in totality:
Thus the appeal was dismissed.
See also
*
List of United States Supreme Court cases, volume 5
*
Statute of Limitations
*
History of Washington, D.C.
The history of Washington, D.C., is tied to its role as the capital of the United States. Originally inhabited by an Algonquian-speaking people known as the Nacotchtank, the site of the District of Columbia along the Potomac River was first sel ...
Notes and references
External links
* {{caselaw source
, case = ''Resler v. Shehee'', {{Ussc, 5, 110, 1801, Cranch, 1, el=no
, justia =https://supreme.justia.com/cases/federal/us/5/110/
, loc =http://cdn.loc.gov/service/ll/usrep/usrep005/usrep005110/usrep005110.pdf
, openjurist =https://openjurist.org/5/us/110
United States Supreme Court cases
United States Supreme Court cases of the Marshall Court
1801 in United States case law