Waterville v. Van Slyke

Citations

• 116 U.S. 699
• 6 S. Ct. 622
• 29 L. Ed. 772
• 1886 U.S. LEXIS 1812

Syllabus

<p>When a case is brought here from a Circuit Court for review, in which.,the matter in controversy is less than $5000, it will be dismissed, although' accompanied by a certificate of division of opinion by the judges holding the court, unless that certificate presents a case proper for the consideration of this court-</p> <p>Each question so certified must present a clear and distinct proposition of layr to which the court .can respond, and not a proposition of mixed law and facts.</p> <p>While such a statement must accompany the certificate as to show that the question of law is applicable to the case, the point on which the judges dif- - fered must be a distinct question of law clearly stated.</p> <p>This procedure is meant to meet a case where, two judges sitting, a clear and distinct proposition of law, material to the decision of the case arises, on which, differing in opinion, they may make such a certificate as will enable this court to decide that question. If in reality more than one such question occurs, they may be embraced in the certificate ; but where it is apparent that the whole ease is presented to this court for decision, with all its propositions of fact and of law, the ease will not be entertained. Such is this case, and it is accordingly dismissed.</p>