John Marshall

“ When we considered the motives which must have operated with the legislature for introducing this clause into the judiciary act of 1802, we were satisfied that it could not be intended to apply to motions for a new trial. ”

“ A division of opinion is a rejection of the motion, and the verdict stands. There is nothing then in the reason of the provision which would apply it to this case.
Although the words of the act direct generally, 'that whenever any question shall occur before a Circuit Court, upon which the opinion of the judges shall be opposed, the point upon which the disagreement shall happen shall' be certified, &c. yet it is apparent that the question must be one which arises in a cause depending before the Court relative to a proceeding belonging to the cause. ”