Philips v. Gratz
Supreme Court of Pennsylvania
Appeal from the Circuit Court. This was an action of covenant pending in the Circuit Court, in the county of Lancaster. It came on for trial before Mr. Justice Kennedy, on Saturday, the 7th day of May, 1831. The counsel for the plaintiffs, moved a continuance of the cause, on the grounds that papers, without which they could not proceed, were at that time in possession of another jury who had retired to consider of their verdict, in a cause between the same parties: and on…
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Appeal from the Circuit Court. This was an action of covenant pending in the Circuit Court, in the county of Lancaster. It came on for trial before Mr. Justice Kennedy, on Saturday, the 7th day of May, 1831. The counsel for the plaintiffs, moved a continuance of the cause, on the grounds that papers, without which they could not proceed, were at that time in possession of another jury who had retired to consider of their verdict, in a cause between the same parties: and on the deposition of Levi Philips, one of the plaintiffs, taken the same day in open court, stating “that he had scruples of…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, C. J.
The religious scruples of persons concerned with the administration of justice, will receive all the indulgence that is compatible with the business of government; and had circumstances permitted it, this cause would not have been ordered for trial on the Jewish Sabbath. But when a continuance for conscience3 sake, is claimed as a right, and at the expense of a term’s delay, the matter assumes a different aspect.
It never has been held except in a single instance, that the course of justice may be obstructed by any scruple or obligation…
2Cases cited1 opinion
- Commonwealth v. LesherSupreme Court of Pennsylvania · 1828
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