Opinion
June 12, 1826.
Monday, June 12, 1826. Court met. Present: RIDGELY, CHANCELLOR; BOOTH, Chief Justice of the Court of Common Pleas; DAVIS, Justice of Supreme Court; and COOPER and STOUT, Justices of the Court of Common Pleas.
On the evening of this day I received from Jehu Stockley, Esquire, of George Town, a letter dated this day, in which he says that he was requested to inform me that Judge Batson was, at that time, sick, and had been so since Thursday then last, and consequently would not attend the Court of Appeals. And accordingly Judge Batson did not attend the High Court of Errors and Appeals this term.
The Court continued in session from June 12 to June 21 both inclusive, and all the judges, except Mr. Batson and Mr. Way, regularly attended.
On account of the absence of Judge Batson none of the writs of error directed to the Justices of the Court of Common Pleas could be heard, there only being three Judges of the High Court of Errors and Appeals, who could hear such causes, to wit, CHANCELLOR RIDGELY, CHIEF JUSTICE JOHNS, and JUDGE DAVIS, Justices of the Supreme Court, and consequently there was not a quorum present competent to hear and decide such cases.
Most, if not all the, writs of error directed to the Justices of the Supreme Court were heard and determined, there being a quorum, to wit, CHANCELLOR RIDGELY, CHIEF JUSTICE BOOTH, and COOPER and STOUT, Justices of the Court of Common Pleas, competent for hearing and deciding such cases.
All the appeals from the Court of Chancery, except one, were heard and decided; and that one was postponed, at the instance, or by the consent of the counsel on both sides.
The Court adjourned on Wednesday evening, June 21, to the Court in course.