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Brobst v. Brobst, (1867)

Court: Supreme Court of the United States Number:  Visitors: 11
Filed: Jan. 22, 1867
Latest Update: Feb. 21, 2020
Summary: 71 U.S. 2 (_) 4 Wall. 2 BROBST ET AL. v. BROBST. Supreme Court of United States. Messrs. Brent and Merrick moved to dismiss the case for want of jurisdiction. The CHIEF JUSTICE: The question is one of fact, and can only be determined by an examination of the evidence in the record; and it has been repeatedly determined that only questions of law upon distinct points in a cause can be brought to this court by certificate. [*] An order must be made, therefore, remanding this cause to the Circuit C
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71 U.S. 2 (____)
4 Wall. 2

BROBST ET AL.
v.
BROBST.

Supreme Court of United States.

Messrs. Brent and Merrick moved to dismiss the case for want of jurisdiction.

The CHIEF JUSTICE:

The question is one of fact, and can only be determined by an examination of the evidence in the record; and it has been repeatedly determined that only questions of law upon distinct points in a cause can be brought to this court by certificate.[*]

An order must be made, therefore, remanding this cause to the Circuit Court, without answer to the question certified, for want of jurisdiction.

NOTES

[*] Wilson v. Barnum, 8 Howard, 261.

Source:  CourtListener

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