Emsheimer v. New Orleans
Supreme Court of the United States
CERTIFICATE FROM THE UNITED STATES CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT. The certificate in this case is as follows : “ This suit was commenced by filing in the Circuit Court the -following bill and exhibit, filed November 13, 1899 : “‘Tothe honorable the Judges of the Circuit Court of the' United States for the Fifth Circuit and Eastern District of Louisiana, New Orleans division: “ ‘ Alphonse Emsheimer, of New Orleans, an alien and a subject of the Empire of…
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CERTIFICATE FROM THE UNITED STATES CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT. The certificate in this case is as follows : “ This suit was commenced by filing in the Circuit Court the -following bill and exhibit, filed November 13, 1899 : “‘Tothe honorable the Judges of the Circuit Court of the' United States for the Fifth Circuit and Eastern District of Louisiana, New Orleans division: “ ‘ Alphonse Emsheimer, of New Orleans, an alien and a subject of the Empire of Germany, brings this his bill against the city of New Orleans, a municipal corporation created by the laws of Louisiana, and…
1Opinion of the CourtChief Justice Fuller
delivered the opinion of the court.,This is a certificate under section six of the Judiciary Act of March 3,1891, 26 Stat. 826, q. 517, and it is settled as to such certification that each question propounded must be a definite point'or proposition of law clearly stated, so that it can be definitely answered without regard to other issues of law in the case; that each question must be a question of law only and not of fact, or of mixed law and.fact; and that the certificate cannot embrace the whole case, even where its decision turns on matter of law only and even though it be split up in the…
2Cases cited9 opinions
- Mollan v. TorranceSupreme Court of the United States · 1824
- Evans v. GeeSupreme Court of the United States · 1837
- Young v. BryanSupreme Court of the United States · 1821
- Graver v. FaurotSupreme Court of the United States · 1896
- New Orleans v. QuinlanSupreme Court of the United States · 1899
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