M'Kinneys v. Scott

*155OPINION of the Court, by

Judge Bibb.

-In this case the chief justice and second judge could not “ with propriety adjudicate,” and therefore refused to sit; whereupon, the third and fourth judges (u not being also disqualified”) composed the court according to the statute in such cases provided.

At the February term of the Bourbon circuit court, holden in the year 1806, Scott produced a notice, and accordingly moved the court “ to quash an execution, sued out of the clerk’s office of the late court of quarter sessions, by him against John M’Kinney and Robert M’Kinney, for irregularity the motion…