Daniels v. Railroad Co.
Supreme Court of the United States
The sixth section of the act of Congress of 29th April, 1802,* provides: “That whenever any question shall occur before a Circuit Court upon which the opinions of the judges shall be opposed, the point upon which the disagreement shall happen, shall, &c., be stated under the direction of the judges and certified ... to the Supreme Court . . . and shall, by the said court, be finally decided.”
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The sixth section of the act of Congress of 29th April, 1802,* provides: “That whenever any question shall occur before a Circuit Court upon which the opinions of the judges shall be opposed, the point upon which the disagreement shall happen, shall, &c., be stated under the direction of the judges and certified ... to the Supreme Court . . . and shall, by the said court, be finally decided.” "With this act in force Daniels brought a suit in the Circuit Court for the Northern District of Elinois against the Rock Island Railway Company for injuries done him by a collision on its railroad;…
1Opinion of the CourtJustice Swayne
This case is brought before us by a certificate that the opinions of the judges of the Circuit Court below were opposed upon the points set forth; the proceeding having been taken under the sixth section of the act of the 29th of April, 1802.
To come properly before us, the case must be within the appellate jurisdiction of this court. In order to create such jurisdiction in any case, two things must concur: the Constitution must give the capacity to take it, and an act of Congress must supply the requisite authority. *
The original jurisdiction of this court, and its power to receive appellate…
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