Briscoe v. The Commonwealth's Bank of Kentucky/Opinion of the Court
GEORGE BRISCOE and others, Plaintiffs in error v. The COMMONWEALTH'S BANK of the STATE of KENTUCKY.
Mr Chief Justice MARSHALL delivered the opinion of the Court on this, and on the following case[City of New York v. Miln, 33 U.S. 120, 8 Pet. 120.], together[Included with this case at 33 U.S. 118 with the title of Briscoe v. Com. Bank of the State of Kentucky].
The practice of this court is, not (except in cases of absolute necessity) to deliver any judgment in cases where constitutional questions are involved, unless four judges concur in opinion, thus making the decision that of a majority of the whole court. In the present cases four judges do not concur in opinion as to the constitutional questions which have been argued. The court therefore direct these cases to be reargued at the next term, under the expectation that a larger number of the judges may then be present.
Note. Mr Justice JOHNSON and Mr Justice DUVALL were absent when these cases were argued.