Bank of the United States v. Weisiger, 27 U.S. 481 (1829)

U.S. Supreme Court

Bank of the United States v. Weisiger, 27 U.S. 2 Pet. 481 481 (1829) Bank of the United States v. Weisiger

27 U.S. (2 Pet.) 481

Syllabus

Where the appellee had died after the commencement of the term, and the Court, not knowing his decease, had decided upon the case after argument, the Court ordered the decree to be entered as of the first day of the term.

In this case, which had been argued on a previous day of the term, and the opinion of the Court delivered in favor of the appellants, see ante, page 27 U. S. 331, Mr. Bibb having informed the Court that the defendant, Weisiger, had died since the commencement of the term, stated that he had been of counsel with the respondent, but he considered that his authority had expired by his death. He objected to the entry of a decree.

Mr. Sergeant, for the complainants, moved the court to cause the decree to be entered of a day in the term before the respondent's death, and he cited Davis v. Davis, 9 Ves. 461; Campbell v. Mesier, 4 Johns.C.R. 342; Asburnham v. Thompson, cited 2 Mad.C.P. 529, as fully establishing the practice according to his motion.

The Court ordered the decree to be entered as of the first day of the term.