Public-domain · open source
OpenJurist

105 U.S. 6

Bartholow v. Trustees

Supreme Court of the United States

Decided October 1, 1881

Supreme Court of the United States · decided 1881-10

<p>The judgment rendered in an action at law where the judges of the Circuit . Court were opposed in opinion cannot be re-examined here otherwise than on a writ of error.</p>

2 counsel of record

Relies on Weightman v. Clark

Good law ✅— No negative treatment on recordhow we know

Certification to/from lower court · 7–0 · Decided 1881-10

How this case has been cited

Cited by 4 later decisions (2 by the Supreme Court) — most recently December 1910

201881189019001910decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1The judgment rendered in an action at law where the judges of the Circuit . Court were opposed in opinion cannot be re-examined here otherwise than on a writ of error.

¶2On a certificate of division in opinion between the judges of the Circuit United States · Case Law">Court of the United States for the Southern District of Illinois. -

¶3Submitted by Mr. John D. Stevenson for the plaintiff.

¶4There was no opposing counsel.

¶5Mr. Chief Justice Waite

¶6delivered the opinion of the court.

¶7All the. questions certified in this case are-answered in the negative, on the authority of Weightman v. Clark, 103 U. S. 256. As the judgment was in accordance with this opinion, it would have been in all respects affirmed if 'the case had been brought here by writ of error. We find no such writ, however, and on that account dismiss the suit for want of jurisdiction. Under sect. 693 of the Revised Statutes, final judgments or decrees of the Circuit Courts in civil suits or proceedings, wherein there has been'a division of opinion of the judges, are only reviewable here on w'rit of error or appeal. The sixth section of the act of 1802, c. 31 (2 Stat. 159), which allowed the questions to be certified up- before judgment, was superseded by the first section of the act of July 1, 1872, c. 255 (17 Stat. 196).

¶8Suit dismissed.

/105/us/6 · .json · Public domain