Cross v. Evans, 167 U.S. 60 (1897)

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Cross v. Evans

No. 268

Argued and submitted April 2, 1897
Decided May 10, 1897
167 U.S. 60

CERTIFICATE FROM THE COURT OF

APPEALS FOR THE FIFTH CIRCUIT

Syllabus

Under the Judiciary Act of 1891 a circuit court of appeals has no power to certify the whole case to this Court, but can only certify distinct questions or propositions, unmixed with questions of fact or of mixed law and fact, and the questions certified in this case are clearly violative of this settled rule.

The case is stated in the opinion.