Webster v. Cooper
Supreme Court of the United States
This case came up on'a certificate of division of opinion, pro forma, between the judges of the Circuit Court of the United States for the District of Maine. It was a real action, in which the plaintiff demanded a certain parcel of land situated in Pittston, in the county of.
Read the full summary
This case came up on'a certificate of division of opinion, pro forma, between the judges of the Circuit Court of the United States for the District of Maine. It was a real action, in which the plaintiff demanded a certain parcel of land situated in Pittston, in the county of. Kennebec and State of Maine, and claimed title under the will of one Florentius Vassal, made in England in 1777. Most of the points of division certified arose upon the construction of this will, and the remainder were upon the right of the plaintiff to maintain the action, and the.rule of éstimation as to improvements';…
1Opinion of the CourtChief Justice Taney
This case has been argued at the bar upon points certified as upon a division of opinion in the Circuit Court.. But it appears by the record that the whole case has. been divided into points and sent up to this court, — and several of the latter points could not have arisen on the trial until the previous ones weré first decided. We understand it was a pro forma division, certified, at the request of the counsel for the respective parties,
This court has- frequently said that this practice is irregular, and would, if sanctioned, convert this court into one of original jurisdiction in…
2Cited by22 opinions
- United States v. MayerSupreme Court of the United States · 1914
- Triplett v. LowellSupreme Court of the United States · 1936
- California Artificial Stone Paving Co. v. MolitorSupreme Court of the United States · 1885
- Lowden v. Northwestern National Bank & Trust Co.Supreme Court of the United States · 1936
- Jewell v. KnightSupreme Court of the United States · 1887
17 more not listed; retrieve them via the Exa API.