GEORGE BRISCOE AND OTHERS, PLAINTIFFS IN ERROR
v.
THE COMMONWEALTH'S BANK OF THE STATE OF KENTUCKY; THE MAYOR, ALDERMEN AND COMMONALTY OF THE CITY OF NEW YORK, PLAINTIFFS V. GEORGE MILN; GEORGE BRISCOE AND OTHERS, PLAINTIFFS IN ERROR V. THE COMMONWEALTH'S BANK OF THE STATE OF KENTUCKY; THE MAYOR, ALDERMEN AND COMMONALTY OF THE CITY OF NEW YORK, PLAINTIFFS V. GEORGE MILN
Mr Chief Justice Marshall delivered the opinion of the Court in this and the preceding case.
The practice of this court is, not (except in cases of absolute necessity) to deliver any judgment in cases where constitutional questions are involved, unless four judges concur in opinion, thus making the decision that of a majority of the whole coui;t. In the present cases four judges do not concur in opinion as to the constitutional questions which have been argued. The court therefore direct these cases to be reargued at the next term, under tihev expectation that a larger number Of the judges may then heqpresent.
Note. Mr Justice Johnson and Mr Justice Duvall were absent when these cases were argued.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
N. Ga. Finishing, Inc. v. Di-Chem, Inc., 419 U.S. 601 (U.S. 1975)…participate on reargument.1 Announcing the constitutional [*617] decision, with a four-justice majority of a seven-justice shorthanded Court, did violence to Mr. Chief Justice Marshall’s wise assurance, in Briscoe v. Commonwealth’s Bank of Kentucky, 8 Pet. 118, 122 (1834), that the practice of the Court “except in cases of absolute necessity” is not to decide a constitutional question unless there is a majority “of the whole court.” The Court encountered the same situation a century ago with respect to t…
-
Pollock v. Farmers' Loan & Tr. Co. (Rehearing.), 158 U.S. 601 (U.S. 1895)
-
Legal Tender Cases. Knox v. Lee, 12 Wall. 457 (U.S. 1870)
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligence