110 Mass. 465 | Mass. | 1872
By the St. of 1869, e. 438, “ questions of law,” “ arising upon a trial or other proceeding before the Superior Court, may, by consent of the parties to the suit, be reported before verdict for the determination of the Supreme Judicial Court.” In order to give this court jurisdiction of a question reported under this statute, it must be a question arising in the case, and not a merely abstract or hypothetical question which may never arise; and it must be a question, an opinion upon which, at least if given one way, will take the form of a judgment determining rights of the parties. It is no part of the duty of this court, either upon a case stated by the parties, or upon the report of a judge of an inferior court, to answer questions which are merely speculative, or which, however they may be decided, will leave the whole case open. Smith v. Cudworth, 24 Pick. 196. Capen v. Washington Ins. Co. 12 Cush. 517.
Report dismissed.