United States v. Harris
Supreme Court of the United States
On a certificate of division in opinion between the judges of the. Circuit Court of the United States for the Western District of Tennessee. . At the November Term, 1876, of the Circuit Court of the United States for the Western District of Tennessee Un indictr ment, based on sect. 5519 of the Revised Statutes, was returned by the grand jury against one R. G. Harris and nineteen others. The indictment contained four counts.
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On a certificate of division in opinion between the judges of the. Circuit Court of the United States for the Western District of Tennessee. . At the November Term, 1876, of the Circuit Court of the United States for the Western District of Tennessee Un indictr ment, based on sect. 5519 of the Revised Statutes, was returned by the grand jury against one R. G. Harris and nineteen others. The indictment contained four counts. The, first count charged as follows: “That R. G. Harris” (and nineteen others, namr. ing them), “ yeomen, of the county of Crockett, in the State of ■ Tennesseé, and all…
1Opinion of the CourtJustice Woods
delivered the opinión of the court, arid, after making the foregoing statement, proceeded as follows : —r
‘ The certificate of division of. opinion in this case does not expressly state that the point of difference between the judges was certified “ upon the request of either party or their counsel.” Neither party challenges the jurisdiction of this court, but it has occurred to us as a question, and we have considered it, whether this omission in the certificate is fatal to our jurisdiction, and we have reached the conclusion that it is .not.
It fairly appears from the certificate that the…
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