Noah Haynes Swayne

“ A division on a point, in the progress of a cause, on which the judges may be divided in opinion, not the whole cause, is to be certified to this court.'
Where it appears the whole case has been divided into points some of which may never arise, if those which precede them in the certificate are decided in a particular way-the case will be dismissed for want of jurisdiction. ”

“ The original jurisdiction of this court, and its power to receive appellate jurisdiction, are created and defined by the Constitution; and the legislative department of the government can enlarge neither one nor the other. ”

“ In the case before us the questions certified are, 'whether, in point of law, upon the facts as stated and proved, the action could be maintained; and whether, consequently, the jury should be instructed that, under the facts as proved, the plaintiff could not recover?'
Upon looking into the record, we find a body of facts stated as having been proved, and the testimony of numerous witnesses set forth at length, as respectively given. ”