Brobst v. Brobst , 18 L. Ed. 387 ( 1867 )

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.