White v. Turk,
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37 U.S. 238 (1838)
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U.S. Supreme Court
White v. Turk, 37 U.S. 12 Pet. 238 238 (1838)
White v. Turk
37 U.S. (12 Pet.) 238
The intention of Congress in passing the act authorizing a division of opinion of the judges of the circuit courts of the United States to be certified to the Supreme Court was that a division of the judges of the circuit court, upon a single and material point, in the progress of the cause, should be certified to the Supreme Court for its opinion, and not the whole cause. When a certificate of division brings up the whole cause, it would be, if the court should decide it, in effect, the exercise of original, rather than appellate, jurisdiction.
The case of United States v. Banby, 9 Pet. 367, cited and approved.
The case is fully stated in the opinion of the Court.