95. 3
Dall. (3
U.S.) 79–120. The opinions are also printed as Dallas reported them in A
Report of the Opinions of the Judges in the Important Cause of Pen hallow et al. against Doane's Administrators (Phila., 1795). James Wilson did not participate, presumably because he had been of counsel in the argument before the Court of Appeals, note
84 above. See Surrency, ed., “Minutes of the Supreme Court,” 5
Am. Jour. Legal Hist.
375–378, 381. Cushing, who had had the same issue before him as a state judge, did not exhibit a similar delicacy, but showed that he was unbiased, by reversing his earlier stand. See note
88 above.