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Keywords

plaintiffdefendanthearingprobatewill
plaintiffhearingprobatewill

Related Cases

Calder v. Bull, 3 U.S. 386, 3 Dall. 386, 1798 WL 587, 1 L.Ed. 648

Facts

In 1795, the Connecticut legislature passed a resolution that set aside a previous probate court decree disapproving the will of Normand Morrison. This resolution allowed for a new hearing, which resulted in the approval of the will. The plaintiffs, Calder and wife, claimed rights to the property based on the earlier decree, while the defendants, Bull and wife, claimed under the newly approved will. The case escalated through the courts, ultimately reaching the Supreme Court of Errors of Connecticut, which affirmed the new decision.

The effect of the resolution or law of Connecticut, above stated, is to revise a decision of one of its Inferior Courts, called the Court of Probate for Harford, and to direct a new hearing of the case by the same Court of Probate, that passed the decree against the will of Normand Morrison.

Issue

The main legal issue was whether the resolution passed by the Connecticut legislature, which allowed for a new hearing on the will, constituted an ex post facto law prohibited by the U.S. Constitution.

The sole enquiry is, whether this resolution or law of Connecticut, having such operation, is an ex post facto law, within the prohibition of the Federal Constitution?

Rule

The court applied the principle that ex post facto laws are those that retroactively change the legal consequences of actions that were committed before the enactment of the law, particularly in a way that punishes individuals for actions that were innocent at the time they were taken.

Every law that makes an action, done before the passing of the law, and which was innocent when done, criminal; and punishes such action.

Analysis

The court analyzed the resolution in light of the definition of ex post facto laws, concluding that the Connecticut legislature's action did not retroactively punish any actions of the plaintiffs. The resolution merely allowed for a new hearing on the will, which did not change the nature of any prior actions taken by the parties involved. Therefore, it did not fall under the prohibition against ex post facto laws.

In my judgment the case of the Plaintiffs in Error, is not within the letter of the prohibition; and, for the reasons assigned, I am clearly of opinion, that it is not within the intention of the prohibition; and if within the intention, but out of the letter, I should not, therefore, consider myself justified to continue it within the prohibition, and therefore that the whole was void.

Conclusion

The court affirmed the decision of the Supreme Court of Errors of Connecticut, ruling that the legislative resolution was not an ex post facto law and thus did not violate the U.S. Constitution.

I am of opinion, that the decree of the Supreme Court of Errors of Connecticut be affirmed, with costs.

Who won?

Bull and wife prevailed in the case because the court found that the legislative resolution allowing for a new hearing on the will was valid and did not constitute an ex post facto law.

The court found that the legislative resolution allowing for a new hearing on the will was valid and did not constitute an ex post facto law.

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