George Briscoe and others v. The Commonwealth's Bank of the State of Kentucky

George Briscoe and others v. The Commonwealth’s Bank of the State of Kentucky. WRIT of error to the circuit court of the United States for the district of Kentucky. Mr Ogden, for The Mayor, &c. of New York; and Mr Wilde, for George Briscoe and others, inquired, if the court had come to a final decision as to the argument of the cases involving constitutional questions at the present term. [MAJORITY — Mr Chief Justice Marshall.] Mr Chief Justice Marshall. The court cannot know whether there will be a full court during the term ; but as the court is now composed, the constitutional cases will'not be taken up. 12th February 1835. The court was, at the .time this motion was made, and during the whole term, composed of six justices; the vacancy occasioned by the resignation of Mr Justice Duvai., not having been filled.