Horace Gray, United States v. Emholt — Opinion of the Court
“ The office and object of a certificate of division of opinion are to bring to this court for determination a question of law upon which the opinions of two judges, competent to take part in the judgment of the Circuit Court, are opposed to each other. ”
Horace Gray, United States v. Emholt — Opinion of the Court
“ The case cannot be treated as before this court on the appeal from the Circuit Court, without regard to the certificate of division, because it is on the common-law side of that court. If it is to be considered as a civil action, the proper mode of bringing it up is by writ of error, and not by appeal. ”
Horace Gray, United States v. Emholt — Opinion of the Court
“ United States (4 How. 242, 250) , it should be treated as in the nature of a criminal proceeding, it is hard to see how it could be brought to this court at all, except upon a certificate of division of opinion. ”
