Brobst v. Brobst

Supreme Court of the United States
Brobst v. Brobst, 71 U.S. 2 (1867)
18 L. Ed. 387; 4 Wall. 2; 1866 U.S. LEXIS 860

Brobst v. Brobst

Opinion

The CHIEF JUSTICE:

Tbe question is one of fact, and can only be determined by an examination of tbe evidence in tbe 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 tbe question certified, for want of jurisdiction.

*

Wilson v. Barnum, 8 Howard, 261.

Reference

Full Case Name
Brobst Et Al. v. Brobst
Cited By
5 cases
Status
Published
Syllabus
This court -cannot take jurisdiction on a certificate of division in a case where the question certified is one of fact and can only be determined by an examination of the evidence in the record.