Clerke v. Harwood

342 (1797), was a United States Supreme Court case that followed the court's decision in Ware v. Hylton, concerning debts owed to British subjects.

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?

In a short per curiam 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.

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