Brobst v. Brobst , 71 U.S. 2 ( 1867 )


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  • 71 U.S. 2 (____)
    4 Wall. 2

    BROBST ET AL.
    v.
    BROBST.

    Supreme Court of United States.

    Messrs. Brent and Merrick moved to dismiss the case for want of jurisdiction.

    The CHIEF JUSTICE:

    The question is one of fact, and can only be determined by an examination of the evidence in the record; and it has been repeatedly determined that only questions of law upon distinct points in a cause can be brought to this court by certificate.[*]

    An order must be made, therefore, remanding this cause to the Circuit Court, without answer to the question certified, for want of jurisdiction.

    NOTES

    [*] Wilson v. Barnum, 8 Howard, 261.

Document Info

Citation Numbers: 71 U.S. 2, 4 Wall. 2, 18 L. Ed. 387, 1866 U.S. LEXIS 860

Filed Date: 1/22/1867

Precedential Status: Precedential

Modified Date: 8/18/2016