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Brobst v. Brobst
1866 U.S. LEXIS 860
| SCOTUS | 1867
|
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71 U.S. 2 (____)
4 Wall. 2

BROBST ET AL.
v.
BROBST.

Supreme Court of United States.

Messrs. Brent and Merrick moved to dismiss the case for want of jurisdiction.

The CHIEF JUSTICE:

The question is one of fact, and can only be determined by an examination of the evidence in the record; and it has been repeatedly determined that only questions of law upon distinct points in a cause can be brought to this court by certificate.[*]

An order must be made, therefore, remanding this cause to the Circuit Court, without answer to the question certified, for want of jurisdiction.

NOTES

[*] Wilson v. Barnum, 8 Howard, 261.

Case Details

Case Name: Brobst v. Brobst
Court Name: Supreme Court of the United States
Date Published: Jan 22, 1867
Citation: 1866 U.S. LEXIS 860
Court Abbreviation: SCOTUS
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