John McKinley, White v. Turk — Opinion of the Court
“ The intention of congress, in passing the act under which this proceeding has taken place was that a division of the judges of the circuit court, upon a single and material point, in the progress of the cause, should be certified to this Court, for its opinion; and not the whole cause. The certificate of the judges, in this case, leaves no doubt that the whole cause was submitted to the circuit court, by the motion to set aside the judgment on the bond. And, had the court agreed in opinion, and rendered a judgment upon the points submitted ”
