James Peck, Et Al Appellants v. John Sanderson, Libellant

• Court: U.S. Supreme Court
• Writing for the Court: McLEAN
• Citation: James Peck, Et Al Appellants v. John Sanderson, Libellant, 59 U.S. 42, 18 How. 42, 15 L.Ed. 262 (1855)
• Decision Date: 01 December 1855
• Parties: JAMES B. PECK, ET AL., APPELLANTS, v. JOHN SANDERSON, LIBELLANT

59 U.S. 42

18 How. 42

15 L.Ed. 262

JAMES B. PECK, ET AL., APPELLANTS, v. JOHN SANDERSON, LIBELLANT.

December Term, 1855

THIS case was argued and decided at the last term, and is reported in 17 Howard.

Mr. Rush, of counsel for the appellee, now stated to the court that a petition from the appellee was on file, verified by affidavit, and moved for a rehearing, which was opposed by Mr. Wahr, counsel for the appellant.

Mr. Justice McLEAN delivered the opinion of court.

This case was decided at the last term, on an appeal from the circuit court of the United States for the eastern district of Pennsylvania, and a motion is now made by Mr. Rush, counsel for the appellee, for a reargument, on the ground that he was prevented by sickness from attending the court at the time of the hearing.

It is a subject of regret that any cause should be heard in the absence of counsel, and especially where the cause of absence, by a failure in the mail, was unknown to the court.

In the above case, the brief of the...