United States v. Rosenburgh
Supreme Court of the United States
‘ On certificate of division in opinion between the judges of the Circuit Court for the Southern District of New York. ■ - Th^-Judiciary Act of 1802 provides that whenever any question shall occur before a Circuit Court, upon which the opinion'of the judges shall be opposed, the point upon which the disagreement shalbhappen, may be certified-to this court, and shall by it be finally-decided.
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‘ On certificate of division in opinion between the judges of the Circuit Court for the Southern District of New York. ■ - Th^-Judiciary Act of 1802 provides that whenever any question shall occur before a Circuit Court, upon which the opinion'of the judges shall be opposed, the point upon which the disagreement shalbhappen, may be certified-to this court, and shall by it be finally-decided. With1 this statute in force, one Rosenburgh was indicted in the court below, for an offence alleged to be within an act of Congress specified. A motion being made to quash the indietm.ent, on the ground,…
1Opinion of the Court
The CHIEF JUSTICE
delivered the opinion of the court.
The general rule undoubtedly is, that this court cannot, upon a certificate of division of opinion, acquire jurisdiction of questions’ relating to matters of pure discretion in the Circuit Court. Thus, it has been held that this court will not determine upon a .certificate of division of opinion, whether or not a new trial shall be granted, * or whether a plaintiff in ejectment shall be permitted to enlarge the term in the demise, † or any question in any eqqity cause relating to the practice in the Circuit Court, and depending on the…
2Cases cited3 opinions
- United States v. WilsonSupreme Court of the United States · 1833
- The United States v. DanielSupreme Court of the United States · 1821
- Richard Smith, Lessee of John Lanning v. John VaughanSupreme Court of the United States · 1836
3Cited by35 opinions
- Holt v. United StatesSupreme Court of the United States · 1910
- Logan v. United StatesSupreme Court of the United States · 1892
- United States v. J. Joseph Kennedy, United States of America v. Robert J. Myers, United States of America v. Lawrence F. CarlsonCourt of Appeals for the Ninth Circuit · 1977
- Chadwick v. United StatesCourt of Appeals for the Sixth Circuit · 1905
- Kempe v. United StatesCourt of Appeals for the Eighth Circuit · 1945
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