Where the whole cause, and not a point or points in the cause,
has been adjourned from the circuit court to this Court, the case
will be remanded to the circuit court.
The case was admitted to be essentially the same with that of
Gardner v.
Collins, 2 Pet. 58, but the counsel for the
plaintiff relied on evidence adduced to show a settled judicial
construction of the act of the Legislature of Rhode Island relative
to descents different from that which had been made in this Court.
"The court is not convinced that the construction of the act which
prevails in Rhode Island is opposed to that which was made by this
Court."
MR. CHIEF JUSTICE MARSHALL stated,
When this case was brought before the Court, it was admitted by
the counsel to be essentially the same with
Gardner v.
Collins, 2 Pet. 58, but he relied on certain
evidences which he exhibited of a settled judicial construction of
the act on which the cause depended different from that which had
been made by this Court. Had the Court been satisfied on this
point, that settled construction would undoubtedly have been
respected. But the Court was not convinced that the construction
which prevails in Rhode Island is opposed to that which was made by
this Court. On communicating this decision to the bar, counsel
declined arguing the cause, and a certificate similar to that which
was given in the former case was about to be prepared, but on
inspecting the record, it was perceived that the judges of the
circuit court, instead of dividing on one or more points, had
divided on the whole cause, and had directed the whole case to be
certified to this Court. Considering this as irregular, the Court
directs the cause to be
Remanded to the circuit court that further proceedings may
be had therein according to law.