City of New York v. Miln (33 U.S. 120)/Opinion of the Court

by John Marshall

United States Supreme Court

33 U.S. 120

The Mayor, Aldermen and Commonality of the City of New York.  v.  George Miln.

Mr. Chief Justice MARSHALL delivered the opinion of the Court in this and the preceding case:

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 re-argued at the next term, under the expectation that a larger number of the judges may then be present.

Notes

Note. — Mr. Justice Johnson and Mr. Justice Duvall were absent when these cases were argued.