Bank of North America v. Fitzsimons
Supreme Court of Pennsylvania
IN this action a case was stated in 1806, by the plaintiffs, by Mr. Lewis as executor of Benjamin Fuller, and by Samuel and William Hibbert, (all of whom had a judgment against the defendant) to decide the right to a sum of money raised under an execution by the bank, and which by the case was agreed to be considered in court. The Chief Justice had given an opinion, while at the bar, in favour of Mr. Lewis; and Judge Teates, being a stockholder in the bank, declined sitting.
1Opinion of the Court
Tilghma'n C. J.
Situated as I am, I shall rely very much upon the opinion of Judge Brackenridge.
Brackenridge J.
I am decidedly against the motion. It would be a precedent, that would involve us in endless difficulties. That a judge has given an opinion before, is not a cause of challenge; and as the judge who is interested, may qualify himself, I cannot, because he refuses to do it, interfere with the rights of a third person. I cannot answer it to those to whom I am answerable.
Motion overruled.
2Cited by7 opinions
- Taylor v. WilliamsTexas Supreme Court · 1863
- People v. HaasAppellate Division of the Supreme Court of the State of New York · 1905
- Wilson v. WilsonSupreme Court of Alabama · 1860
- The RichmondU.S. Circuit Court for the District of Eastern Louisiana · 1881
- Notley v. BrownHawaii Supreme Court · 1906
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