Silliman v. Hudson River Bridge Company
66 U.S. 582

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U.S. Supreme Court

Silliman v. Hudson River Bridge Company, 66 U.S. 1 Black 582 582 (1861)

Silliman v. Hudson River Bridge Company

66 U.S. (1 Black) 582

Syllabus

1. In a case where the judges of the circuit court have divided in opinion upon several questions, one of them being whether the court has jurisdiction, the question of jurisdiction must be determined before any opinion can be expressed on the others.

2. If the judges of this Court as well as the court below are equally divided on the question of jurisdiction, the case will be remitted for such further action as may be required by law and the rules of court.

3. Where the record of an equity case goes down in this condition, it is the established rule to dismiss the bill and leave the plaintiff to his remedy by appeal.

4. Whether the evidence is sufficient to prove an averment in the pleadings is a question of fact, and cannot, therefore, be brought into this Court upon a certificate of division.

Both these cases came up on certificates of the judges of the circuit court that they were divided in opinion on certain points raised at the trial.

The questions on which the judges divided in the court below are mentioned in the opinion of MR. JUSTICE NELSON. The arguments of counsel here were mainly on the merits of the

Page 66 U. S. 583

cause, but this Court being also divided, nothing was determined except the points of practice noted at the head of this report.

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