Spies v

Illinois, 123 U. S. or else without any bearing whatever; a dictum, q. v. ^ Whenever, in any civil suit or proceeding in a circuit court held by a circuit justice and a circuit judge or a district judge, there occurs any " difference of opinion " between the judges as to any matter or thing to be decided, ruled, or ordered by the court, the opinion of the pr&iding justice or judge shall prevail, and be considered the opinion of the court for the time being. ^ In criminal proceedings the point shall, " upon the request of either party or their counsel, be stated under the direction of the judges, and certified, under seal of the court, to the Supreme Court at their next session." But the cause may proceed " if in the' opinion of the court, further proceedings can be had without prejudice to the merits." Where the judges disagree as to the imprisonment or punishment, none shall be permitted.^ v Where, on a certificate of division from a circuit court, the Supreme Court is equally divided in opinion, the case will be remitted to the court below to enable it to take such action as it may be advised.^ The Supreme Court will not take jurisdiction of the case, if the certificate, instead of being confined to the single points of law, presents either questions of fact or the whole case for adjudication.* A certificate of division can be resorted to only when " a question " has occurred in which the judges differ, and where " the point" of disagreement may be distinctly stated. It cannot be resorted to to present a question of fact, a question of fact and law, or a difference of opinion on the general case.* Each question certified must be upon a distinct point of law, clearly stated, and not upon the whole case, nor v^hether upon the evidence judgment should be for one party or for the other.* 4. A statement, often in writing, made by an attorney, of what he supposes the law to be with r^erence to a matter or case. See Attoknet, At law.