Summary

Portrait of Roger B. Taney Roger B. Taney Nelson v. Carland — Opinion of the Court

In delivering the opinion of the court, it is, however, proper for me to say, that I dissent from that part of it which excludes the district judge from sitting as a member of the Circuit Court in a case of this description. Yet I concur in the judgment dismissing these proceedings; being of opinion that the act of Congress of 1802, authorizing the certificate of division where the judges of the Circuit Court are opposed in opinion, does not apply to the peculiar and summary jurisdiction directed to be exercised in cases of bankruptcy.
Source: Wikisource

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