United States Supreme Court Cases & Opinions

U.S. Supreme Court

Pflueger v. Sherman, 293 U.S. 55 (1934)

Pflueger v. Sherman

No. 21

Argued October 15, 16, 1934

Decided November 5, 1934

293 U.S. 55

Syllabus

1. A certificate from the Circuit Court of Appeals must submit only questions of law, not mixed questions of law and fact, and not such as involve or imply conclusions or judgment by the Court upon the effect of facts adduced in the cause, and they must be distinct and definite. P. 293 U. S. 57.

2. The Court cannot, by a certificate, be called upon to answer questions of objectionable generality, or to review proceedings, facts and circumstances for the purpose of deciding a variety of preliminary questions in order to reach and decide an ultimate question submitted. Rule 37. P. 293 U. S. 58.

Dismissed.

Page 293 U. S. 56

Certificate from the Circuit Court of Appeals, Ninth Circuit, for advice respecting its jurisdiction over an appeal from the United States District Court for Hawaii, taken by some original plaintiffs, the others not joining.