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Bank of North America v. Fitzsimons

Bank of North America against Fitzsimons

Bank of North Am. v. Fitzsimons, 2 Binn. 454 (1810)
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Court
Supreme Court of Pennsylvania · State Highest Courts
Decided
March 31, 1810
Judges
Brackenridge, Tilghma
Citations
2 Binn. 4541810 Pa. LEXIS 33
Cited by 7
Headnotes
Motion to withdraw a case which had been, stated by three parties, refused upon the application of one, notwithstanding one of the court had given an opinion in the cause while at the bal-, and another was a stockholder in the company by whom the action was brought.
Summary
IN this action a case was stated in 1806, by the plaintiffs, by Mr. Lewis as executor of Benjamin Fuller, and by Samuel and William Hibbert, (all of whom had a judgment against the defendant) to decide the right to a sum of money raised under an execution by the bank, and which by the case was agreed to be considered in court. The Chief Justice had given an opinion, while at the bar, in favour of Mr. Lewis; and Judge Teates, being a stockholder in the bank, declined sitting.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Tilghma

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Tilghma'n C. J.

Situated as I am, I shall rely very much upon the opinion of Judge Brackenridge.

Brackenridge J.

I am decidedly against the motion. It would be a precedent, that would involve us in endless difficulties. That a judge has given an opinion before, is not a cause of challenge; and as the judge who is interested, may qualify himself, I cannot, because he refuses to do it, interfere with the rights of a third person. I cannot answer it to those to whom I am answerable.

Motion overruled.

How later courts describe this case

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Cited by 7 cases

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1860–1861: 11862–1863: 11872–1873: 11880–1881: 11904–1905: 21906–1907: 118602026peak 1904 · 2

Relies on it most ⓘ

  1. People v. Haas105 A.D. 119 (1905)
  2. Taylor v. Williams26 Tex. 583 (1863)
  3. Wilson v. Wilson36 Ala. 655 (1860)
  4. The Richmond9 F. 863 (1881)
  5. Notley v. Brown17 Haw. 393 (1906)
  6. People v. Haas93 N.Y.S. 790 (1905)

Most recent

  1. Notley v. Brown17 Haw. 393 (1906)
  2. People v. Haas105 A.D. 119 (1905)
  3. People v. Haas93 N.Y.S. 790 (1905)
  4. The Richmond9 F. 863 (1881)
  5. In re Sime22 F. Cas. 145 (1872)
  6. Taylor v. Williams26 Tex. 583 (1863)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

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