Grant v. Raymond

[Syllabus from pages 218-220 intentionally omitted]

THIS case came before the court, in the first instance, on a certificate of division in opinion in the circuit court of the United States for the southern district of New York.

On inspecting the record, it appeared that on the trial of the cause in the circuit court, the counsel for the defendants had excepted to the decisions of the court on various matters which had been presented for the consideration of the court; and that a bill of exceptions had been sealed by the court on their motion.

The record proceeded to state, that the cause afterwards came on for argument on a motion for a new trial, when the opinions of the two judges of the circuit court were opposed upon questions, presented for the decision of the court, excepted to on the trial, as stated in the bill of exceptions: 'that upon the questions thus occurring before the court, the opinions of the said two judges were opposed; and upon request of the counsel for the plaintiffs, the points upon which the disagreement happened, were stated under the direction of the judges, and certified under the seal of the court to the Supreme Court.'

Mr Webster stated, that a question, preliminary to the argument of the case, was presented for the decision of the court. It was, whether the court would entertain the case as it came up from the circuit court on a division in that court on a motion for a new trial. This court had exercised their right to decide in cases where the opinions of the judges of the circuit court on questions of law had been opposed, when a motion for a new trial was before the court.

Mr Justice Story. In the cases referred to, the division of the court took place on the trial of the cause before the jury, as well as on the motion for a new trial.