Ex parte Holker

Decided January 1, 1790

Supreme Court of the United States · decided 1790

DALLAS moved for a special Court to try various actions in which Mr. Holker was defendant, jointly with Duer and Parker; but it was objected by Lewis, that the reason of the act of Assembly, for granting special Courts, did not apply to cases, where there were partners, who could remain, during the usual course of proceeding, to defend the causes, and who did not join in the application.

Cited by 1 later decisions (1 by the Supreme Court) — most recently April 1786

Good law ✅— No negative treatment on recordhow we know

Decided 1790

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¶1DALLAS moved for a special Court to try various actions in which Mr. Holker was defendant, jointly with Duer and Parker; but it was objected by Lewis, that the reason of the act of Assembly, for granting special Courts, did not apply to cases, where there were partners, who could remain, during the usual course of proceeding, to defend the causes, and who did not join in the application.

¶2By the- Court :

¶3—The objection is not sufficient to justify the refusal of a -motion for a special Court. The. Legislature intended to relieve defendants, who were ready ready and willing to proceed to trial; and accelerating a decision cannot possibly in*112jure the plaintiffs, unlefs some material witness is absent ; which has not been pretended in the present case; The rule for a special Court must, therefore, be granted.