Pierce v. . Delamater
New York Court of Appeals
This was a writ of error to the Supreme Court; and the judgment was affirmed by the unanimous opinion of the Judges. After the cause had been argued, and while the Judges were in consultation upon it, Bronson J. expressed an opinion upon his right and duty to take part in the decision, which opinion he afterwards committed to writing. The case involved no other questions which seemed of sufficient importance to be reported.
1Opinion of the Court
Bronson J.
Having acted as Chief Justice in the determination of this cause by the Supreme Court, a question has arisen in my own mind, though it was not mentioned at the bar, concerning my right to take part in the decision of the cause by this court. If the right exists, it is of course my duty to act.
This is a question of a good deal of practical importance, as not less than four of the present members of the court have recently sat in other courts whose judgments may come here for review; and from the manner in which this court is constituted, one-half, at the least, of itg members will…
2Cases cited1 opinion
- Law & Nelson v. JacksonCourt for the Trial of Impeachments and Correction of Errors · 1829
3Cited by9 opinions
- State ex rel. Barnard v. Board of EducationWashington Supreme Court · 1898
- Henry v. HodgesCourt of Appeals for the Second Circuit · 1948
- United States Ex Rel. Fink v. TodCourt of Appeals for the Second Circuit · 1924
- Wittleder v. Citizens' Electric Illuminating Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Brown v. Supreme Court of the Independent Order of ForestersNew York Supreme Court · 1901
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