John Marshall,
United States v. Bailey — Opinion of the Court
(1835)
“ The 6th section of the act 'to amend the judicial system of the United States,' enacts, 'that whenever any question shall occur before a circuit court, upon which the opinions of the judges shall be opposed, the point upon which the disagreement shall happen, shall, during the same term, upon the request of either party or their counsel, be stated under the direction of the judges, and certified under the seal of the court to the supreme court, at their next session, to be held thereafter ”
