United States Supreme Court Cases & Opinions

U.S. Supreme Court

Cincinnati, H. & D. R. Co. v. McKeen, 149 U.S. 259 (1893)

Cincinnati, Hamilton and Dayton Railroad Company v. McKeen

No. 1024

Submitted December 12, 1892

Decided May 1, 1893

149 U.S. 259

Syllabus

This case coming on to be heard before the circuit court of appeals, consisting of the circuit judge and two district judges, one of the judges was found to be disqualified to sit in it, and another was unwilling to sit, whereupon the court certified to this Court questions and propositions of law concerning which it desired the instruction of this Court, and directed the clerk to transmit with the certificate twenty copies of the printed record in the cause.

Held:

(1) That the certificate was irregular, as a quorum of the court did not sit in the case.

(2) That it did not comply with Rule 37 of this Court, inasmuch as it did not contain a proper statement of the facts on which the questions or propositions of law arose.

(3) That the Act of March 3, 1891, does not contemplate the certification of questions or propositions of law to be answered in view of the entire record in a cause, although this Court may order an entire record to be brought up in order to decide, as if the case had been brought up by writ of error or appeal.

The case is stated in the opinion.

Page 149 U. S. 260