Bank of North America v. Fitzsimons

2 Binn. 454, 1810 Pa. LEXIS 33

Opinion

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.