PATTERSON V. WARNER, 415 U. S. 303 (1974)

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U.S. Supreme Court

Patterson v. Warner, 415 U.S. 303 (1974)

Patterson v. Warner

No. 72-5830

Argued January 9, 1974

Decided February 26, 1974

415 U.S. 303


Subsequent to the three-judge District Court's judgment upholding, against due process and equal protection challenges, a West Virginia statute requiring a double bond as a condition for an appeal from a justice of the peace's judgment in a civil case, the West Virginia Supreme Court, in another action, upheld the double bond provision. The court held, however, that a justice of the peace judgment against the defendant violated due process and was "void" on the ground that, because the fee of the justice of the peace was enhanced when he ruled in the plaintiff's favor, he had a pecuniary interest in the case's outcome. The judgment is vacated and the case is remanded to the District Court so that that court, in the first instance, may evaluate the effect of the intervening decision.

Vacated and remanded.


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