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47. (Oct., 1875.) Since the passage of the act which gives the presiding judge the casting vote in cases of division, and authorizes a judgment in accordance with his opinion (Rev. Stat. s. 650), this court, if it finds that the judgment as rendered is correct, need do no more than affirm it. If, however, that judgment is reversed, all questions certified, which are considered in the final determination of the case here, should be answered. United States v. Reese, 2 Otto, 215.

43. (Oct., 1879.) On the trial of an action at law, when the judges of the Circuit Court are opposed in opinion on a material question of law, the opinion of the presiding judge prevails; but the judgment rendered conformably thereto may, without regard to its amount, be reviewed on a writ of error, upon their certificate stating such question. Dow v. Johnson, 10 Otto, 158.

49. (Oct., 1879.) Where, upon an examination of the whole record of a civil suit or proceeding, it appears that the opinions of the judges of the Circuit Court were not actually opposed upon any question of law material to the determination of the cause, and the amount in controversy is not sufficient to give this court jurisdiction, the writ of error will be dismissed, even though a disagreement in opinion be certified in form. Railroad Co. v. White, 11 Otto, 98.

Cases pending in the Supreme Court from Middle and Northern

Districts of Alabama.

Sec. 694. Nothing in the act of March three, eighteen hundred and seventy-three, relating to the Circuit and District Courts for the Midille and Northern Districts of Alabama, shall affect the jurisdiction of the Supreme Court to hear and determine any cause or proceeding pending in said court at the date of said act, on writ of error or appeal from the District Courts of either of said districts.

3 March, 1873, c. 223, s. 3, v. 17, p. 485.


Appeals in Prize Causes.

Sec. 695. An appeal shall be allowed to the Supreme Court from all final decrees of any District Court in prize causes, where the matter in dispute, exclusive of costs, exceeds the sum or value of two thousand dollars, and shall be allowed, without reference to the value of the matter in dispute, on the certificate of the district judge that the adjudication involves a question of general importance. And the Supreme Court shall receive, hear, and determine such appeals, and shall always be open for the entry thereof. (See s. 1009.]

3 March, 1803, c. 40, s. 2, v. 2,
30 June, 1864, c. 174, s. 13, v. 13, p. 310.

p. 244.


1. (Dec., 1866.) A decree in a prize cause, which disposes of the whole matter in controversy, upon a claim filed by particular parties; which is final as to them and their rights, and final also so far as the claimants and their rights are concerned, as to the United States; which leaves nothing to be litigated between the parties, and awards execution in favor of the libellants, against the claimants, — is final within the meaning of the Judiciary Acts; and this court has jurisdiction of an appeal from it. Withenbury v. United States, 5 Wall. 819.

2. (Dec., 1872.) In prize cases, wherever it appears that notice of appeal or of intention to appeal to this court was filed with the clerk of the District Court within thirty days next after the final decree therein, an appeal will be allowed to this court whenever the purposes of justice require it. The Nuestra Senora de Regla, 17 Wall. 29.

Appeals in Prize Causes remaining in Circuit Courts. Sec. 696. An appeal shall be allowed to the Supreme Court, from all final decrees of any Circuit Court, in prize causes depending therein on the thirtieth day of June, eighteen hundred and sixty-four, in the

same manner and subject to the same conditions as appeals in prize causes from the District Courts.

30 June, 1864, c. 174, s. 13, v. 13, p. 310.



1. (Dec., 1863.) A case in prize, carried by appeal from a District Court into a Circuit Court, before the statute March 3, 1863, allowing appeals in prize directly from the District Courts to this court, is properly here on appeal from the Circuit Court. The Admiral, 3 Wall. 603.

2. (Dec., 1868.) A decree of the Provisional Court of Louisiana, which was established by order of the President, during the rebellion, having been transferred into the Circuit Court, in pursuance of an act of Congress, must be regarded in respect to appeal as a decree of the Circuit Court. The Grapeshot, 7 Wall. 563.

3. (Dec., 1868.) This court cannot acquire jurisdiction of a cause through an order of a Circuit Court directing its transfer to this court, though such transfer be authorized by the express provision of an act of Congress. Such provision must be regarded as an attempt, inadvertently made, to give to this court a jurisdiction withheld by the Coustitution. The Alicia, 7 Wall. 571.

4. In such a case, a notice to docket and dismiss must be denied ; and this court will certify its opinion to the Circuit Court for information, in order that it may proceed with the trial of the cause.

16. 5. (Dec., 1869.) Where a seizure of property on land is made under the acts of July 13, 1861, or of Ang. 6, 1861, or of July 17, 1862, passed in suppression of the rebellion, the claimants are entitled to trial by jury, though the snit be in form a libel of information; and the suit can be removed into this court by writ of error alone. Union Insurance Co. v. United States (6 Wall. 765) and Armstrong's Foundry (ib. 769) affirmed. Morris's Cotton, 8 Wall. 507.

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