Opinion
JANUARY TERM, 1835.
The court refused to take up cases involving constitutional questions, when the court was not full.
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.
WRIT of error to the circuit court of the United States for the eastern district of New York.
WRIT of error to the circuit court of the United States for the district of Kentucky.
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.
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 DUVAL, not having been filled.
12th February 1835.