Smith Thompson

“ We do not mean to decide, definitively, that no question can be brought here upon a certificate of a division of opinion, unless the point arose upon the trial of the cause; but we are very much induced to think that such is the true construction of the act: but from the general words used, cases may possibly arise that we do not foresee. The question, however, brought up in the present case, being one resting entirely in the discretion of the court, is clearly not within the act; and this court cannot, therefore, take cognizance of the question. ”