Supervisors v. Rogers
Supreme Court of the United States
Error to the Circuit Court for Northern Illinois. The case, which involved two points, being this: ■ 1. An act of Congress of the 28th of February, 1839,* provides, that in all suits in any Circuit Court of the.
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Error to the Circuit Court for Northern Illinois. The case, which involved two points, being this: ■ 1. An act of Congress of the 28th of February, 1839,* provides, that in all suits in any Circuit Court of the. United States, in which it shall appear that both the judges, or the one who is solely competent to try the same, shall be in any way interested, or shall have been counsel, or connected with either party so as to render it improper to' try, the cause, it shall be the duty of such-judge-, or judges, on the application of either party, to cause the fact to be entered on the records of…
1Opinion of the CourtJustice Nelson
I. It wrU'be observed on a comparison of the act of 1839/' with the subsequent one of 1863 that they are very different from each other in their general purpose, scope, and intent. ■ The first provides'only for the removal and trial of a suit in . which the judges are disqualified to try the particular cause on account of interest, or having , been counsel or connected with either party. The second act is more general, and in the events named the judge is to be invited to hold the court • for a givpn session or term, to be named. It is true that the reasons assigned in thé section for calling…
2Cited by23 opinions
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- Thompson v. Allen CountySupreme Court of the United States · 1885
- Boody v. WatsonSupreme Court of New Hampshire · 1886
- Barkley v. Levee CommissionersSupreme Court of the United States · 1876
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