Melville Fuller

“ It was well settled, as to them, that each question had to be a distinct point or proposition of law, clearly stated, so that it could be definitely answered without regard to other issues of law in the case; that each question must be a question of law only, and not of fact, or of mixed law and fact, and hence could not involve or imply a conclusion or judgment on the weight or effect of testimony or facts adduced in the cause, and could not embrace the whole case, even where its decision turned upon matter of law only, and even though it were split up in the form of questions. ”

“ It is true that the court of appeals asks us to assume the bill of complaint to be 'in other respects sufficient,' that is, sufficient to entitle complainant to relief, if the fraud alleged were available. ”

“ By the sixth section of the judiciary act, the circuit court of appeals is not permitted to certify the whole case to us, though we may require that to be done when questions are certified, or may bring up by certiorari any case in which the decision of that court would otherwise be final. ”