Seymour v. Ellison
Court for the Trial of Impeachments and Correction of Errors
Sept. 11,1823. This cause being called in its place on the calendar, the Hon. S. R. Betts, Judge of the second Circuit, stated to the Court that he had been originally concerned for the respondents; and had argued for them in the Court of Chancery, where he was their only counsel; that on his appointment as Circuit Judge, Mr. John Wells* • had been engaged as counsel, the melancholy news of whose death had just been received.
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Sept. 11,1823. This cause being called in its place on the calendar, the Hon. S. R. Betts, Judge of the second Circuit, stated to the Court that he had been originally concerned for the respondents; and had argued for them in the Court of Chancery, where he was their only counsel; that on his appointment as Circuit Judge, Mr. John Wells* • had been engaged as counsel, the melancholy news of whose death had just been received. In consequence of this event, the respondents were without counsel; and he submitted whether it was proper for him to argue their cause in this Court.
1Opinion of the CourtWoodworth, J.
Admitting there is no constitutional provision on the subject, I should-hold it unfit for a Circuit *22Judge to act as counsel. It would be plainly so in relation, to the Chancellor or Justices of the Supreme Court; and I would make the rule universal.
*23Sutherland, J. Concurred.
Savage, Oh. J. I think the constitutional ground the *24true one; and I would refer the decision to this, instead of generaj unfitness. The section alluded to by Mr. Presi*25dent, provides that “ neither the Chancellor, nor Justices-of the Supreme Court, nor any Circuit Judge shall hold *26any other office or public trust? I am…
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- State ex rel. Clyatt v. HockerSupreme Court of Florida · 1897
- Nevin v. Pullman Palace Car Co.Illinois Supreme Court · 1883
- Ricker's PetitionSupreme Court of New Hampshire · 1890
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