Morrison Waite

“ To this report exceptions were filed by both parties, on the ground, among others, that the facts found and stated were not sustained by the evidence. Upon the hearing of the cause by the court the judges were divided in opinion on the following questions: (1) Whether the notes sued on were usurious. (2) Whether the master's report should in all things be affirmed. These are the questions certified to us.
The rule is well settled that to give us jurisdiction on a certificate of division of opinion, the questions certified must be of law and not of fact. ”

“ Weeth v. New England Mortgage Security Company
This case comes here by appeal on a certificate of division after a decree in accordance with the opinion of the presiding judge, as required by section 650 of the Revised Statutes. ”