Bennett’s first dissent came in his second
year on the court, in Russell v. Buck (1839),32
the majority decision written by Judge Jacob Collamer. It is representative of Bennett’s style of dissent. He does not apologize for disagreeing with the majority. He
does not condescend. He merely disagrees,
providing a close analysis of the arguments
and the precedents, and standing firm in
the belief that the ruling of the court is incorrect as a matter of law. Collamer’s decision is two pages in length; Bennett’s dissent is twelve pages long.
Bennett dissented in Richardson v. Anthony (1840), a decision written by Chief Judge
Williams. He was respectful. He “advise[d]
a reversal of the judgment of the county