Resler v. Shehee
Supreme Court of the United States
This was a writ of error upon a judgment of the circuit court of the district of Columbia, sitting at Alexandria, in an action for a malicious prosecution brought by Shehee v. Resler, originally in the court of hustings for the town of Alexandria, and transferred by act of congress of 27th February, 1801, concerning the district of Columbia, to the circuit court of that district.
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This was a writ of error upon a judgment of the circuit court of the district of Columbia, sitting at Alexandria, in an action for a malicious prosecution brought by Shehee v. Resler, originally in the court of hustings for the town of Alexandria, and transferred by act of congress of 27th February, 1801, concerning the district of Columbia, to the circuit court of that district. The declaration stated that on the 26th of December, 1799, Resler, without reasonable cause, procured a certain false, scandalous, and malicious warrant, to be issued against Shehee, by F. Peyton, esq. then mayor of…
1Opinion of the Court
The Court.
It is true that the courts in 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 a matter of mere discretion with the court whether they will admit any special plea at all.
In the present case the facts, stated in the plea offered, might have been given in evidence on the general issue ; the court exercised their discretion soundly in rejecting the plea.
Judgment affirmed.
2Cited by1 opinion
- Resler v. SheheeSupreme Court of the United States · 1801