Legal Opinion · Dissent

Clarke v. Tyler

Supreme Court of Virginia

Decided March 15, 1878Published

This was an application to this court by James Clarke for a writ of habeas corpus. The case is stated by Judge Christian in his opinion.

1DissentStaples, J.

The opinion just delivered by Judge Christian is an affirmance of the doctrines laid down in Antoni v. Wright. It was my misfortune to dissent, not only from the decision in that case, but the reasoning by which it was supported. Since that time the subject has received a full and exhaustive discussion in the public press, upon the hustings and in the legislature. That discussion and my own deliberate reflections have but confirmed my convictions of the soundness and justice of the views then entertained. I do not see, however, that any good can be effected by a further discussion of the…

2Cases cited1 opinion

  1. Burroughs v. PeytonSupreme Court of Virginia · 1864

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