Supreme Court of the United States, 1834

Briscoe v. Commonwealth's Bank of Kentucky

Supreme Court of the United States · Decided January 15, 1834 · Marshall

33 U.S. 118 (United States Reports)

Counsel

The case was argued by Mr White and Mr Wilde, for the plaintiffs in error; and by Mr Hardin and Mr Bibb, for the defendant., The case was argued by Mr Ogden, for the plaintiffs; and by Mr Jones, for the defendants.

Cases that cite this one

1 later published case cites this decision.

Briscoe and Others v. the Commonwealth's Bk. of Kentucky (Supreme Court of the United States 1834)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

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 coui;t. 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 tihev expectation that a larger number Of the judges may then heqpresent.

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

Case-law data current through December 31, 2025. Source: CourtListener bulk data.