delivered the opinion of the court: that the case was not within the jurisdiction of this court. The division of opin.ion was not upon any matter arising at'the trial of the - cause, but was,upon a mere matter arising" upon the service of the execution by the marshal; and was a mere question for the circuit court upon a collateral contest between the marshal and the bank, as to his-right to fees. ■ It was not therefore a case within the purview of the judicial act of Í8Ó2.