and proved, the action could be maintained, the court dismissed the case as not within its jurisdiction. Daniels v. Railroad Co., 3 Wall. 250. 41. (Dec., 1865.) Where the judges of the Circuit Court certify a division of opinion to this court, for its judgment, this court will not return an answer, unless the question raised involve a distinct legal point, and sufficient facts are set forth to show its bearing on the rights of the parties. Hence, no answer will be given to a proposition merely abstract. Haremeyer v. Iowa County, 3 Wall. 294. 42. (Dec., 1866.) This court cannot take jurisdiction, on a certificate of division, in a case where the question certified is one of fact, and can only be determined by an examination of the evidence in the record. Brobst v. Brobst, 4 Wall. 2. 43. (Dec., 1869.) The court will decline to answer a question certified to it by the Circuit Court, when it rests upon an hypothesis. Pelham v. Rose, 9 Wall. 103. 44. (Dec., 1870.) Where, on a certificate of division from a Circuit Court, this court is equally divided in opinion, the case will be remitted to the court below for the purpose of enabling it to take such action as it may be advised. Hannauer v. Woodruff, 10 Wall. 482. 45. (Dec., 1870.) This court has jurisdiction, under the act of 1802, of a certificate of division of opinion between the associate justice of the Supreme Court and the circuit judge, together holding the Circuit Court, under the act of 1869, as well as between either of the said judges and the district judge. Insurance Co. v. Dunham, 11 Wall. 1. 46. (Oct. 1873.) When, on a view of the record, it appears that, from some fatal defect in the proceedings, no judgment can be entered against the defendant in the court below, on a suit there pending, this court will decline to answer a question certified to it on division of opinion between the judges of the Circuit Court upon a contrary assumption. United States v. Buzzo, 18 Wall. 125. 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. 48. (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 Middle 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, p. 244. SECTION 695. APPEALS IN PRIZE CAUSES.-DECISIONS 1, 2. 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. SECTION 696. APPEALS IN PRIZE CAUSES REMAINING IN CIRCUIT COURTS. DECISIONS 1-7. - 1. (Dec., 1863.) A case in prize, carried by appeal from a District Court into a Circuit Court, before the statute of 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 Constitution. 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. Ib. 5. (Dec., 1869.) Where a seizure of property on land is made under the acts of July 13, 1861, or of Aug. 6, 1861, or of July 17, 1862, passed in suppression of the rebellion, the claimants are entitled to trial by jury, though the suit 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. 6. This court will, however, assume jurisdiction on appeal for the purpose of reversing a decree rendered by an inferior court not having jurisdiction to proceed in the way in which it has proceeded, and of vacating any unwarranted proceedings of it which stand in the way of a new trial there in a case where, in the judgment of this court, a new trial ought to be granted. And it will, in such cases, either reverse the judgment or decree, and direct the proceedings to be dismissed, or remand the cause, with directions to allow the pleadings to be amended, and to grant a new trial according to law. And if the subject in controversy be a fund lately in the registry of the court, but which has been distributed, so that a new trial would be useless, unless the fund was restored to the registry, where it was before the decree of distribution was executed, it will direct that a writ of restitution issue to the proper parties to restore the fund to the registry. Ib. 7. (Dec., 1870.) In a judicial proceeding to confiscate stocks in a railroad company under the acts of Congress of Aug. 6, 1861, and July 17, 1862, the person whose property has been seized may sue out a writ of error, though not a claimant in the court below. McVeigh v. United States (supra, 259) affirmed. Miller v. United States, 11 Wall. 268. Points certified on Division of Opinion in a Circuit Court. SECT. 697. When any question occurs on the hearing or trial of any criminal proceeding before a Circuit Court, upon which the judges are divided in opinion, and the point upon which they disagree, is certified to the Supreme Court according to law, such point shall be finally decided by the Supreme Court; and its decision and order in the premises shall be remitted to such Circuit Court, and be there entered of record, and shall have effect according to the nature of the said judgment and order. [See s. 651.] 29 April, 1802, c. 31, s. 6, v. 2, p. 159. |