Samuel Freeman Miller

“ We repeat that this procedure is not intended to enable the parties in the circuit court to bring up the entire case to be retried here. It is meant to meet a case where, two judges sitting, a clear and distinct proposition of law, material to the decision of the case, arises, on which, differing, they may make such a certificate as will enable this court to decide that question. If in reality more than one such question occurs, they may be embraced in the certificate ”

“ But such a question can hardly be called a point in the case, within the meaning of the act of congress, for it does not show whether the difficulty arose upon the construction of the act of congress on which the indictment is founded, or upon the form of proceeding adopted to inflict the punishment, or upon any supposed defects in the indictment. ”

“ If issued by defendant, had defendant power, as such city, to issue such bonds sued on for the said purpose therein expressed, and did such want of power, if not existing, appear upon the face of such bonds? (4) If such bonds sued on were issued by defendant, and disposed of in open market for value, without other notice to purchasers than such as all persons were bound to take from the public character thereof, is the defendant estopped from denying its liability thereon to plaintiff? ”