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  • Wolf v. Usher, 28 U.S. 269 (1830)

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    This cause came before the Supreme Court on a certificate of division between judges in the Rhode Island circuit court. However, the specific point of disagreement between the judges was not certified in the record. As the whole record was sent up without a statement of the specific difference of opinion, the Supreme Court refused to take jurisdiction and remanded the case back to the Rhode Island circuit court with instructions to proceed according to law.

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    Filed: 1830-02-25 Precedential Status: Precedential Citations: 28 U.S. 269, 3 Pet. 269

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    This cause came before the Supreme Court on a certificate of division between judges in the Rhode Island circuit court. However, the specific point of disagreement between the judges was not certified in the record. As the whole record was sent up without a statement of the specific difference of opinion, the Supreme Court refused to take jurisdiction and remanded the case back to the Rhode Island circuit court with instructions to proceed according to law.

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    14 views1 page

    Wolf v. Usher, 28 U.S. 269 (1830)

    Uploaded by

    Scribd Government Docs
    This cause came before the Supreme Court on a certificate of division between judges in the Rhode Island circuit court. However, the specific point of disagreement between the judges was not certified in the record. As the whole record was sent up without a statement of the specific difference of opinion, the Supreme Court refused to take jurisdiction and remanded the case back to the Rhode Island circuit court with instructions to proceed according to law.

    Copyright:

    Public Domain
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    of 1

    28 U.S.

    269
    3 Pet. 269
    7 L.Ed. 675

    JAMES D. WOLF
    v.
    GEORGE F. USHER.
    January Term, 1830
    1

    This cause came before the court on a certificate of a division between the
    judges of the circuit court of the district of Rhode Island.

    When the case was opened by the counsel for the plaintiff, it was found on
    inspecting the record, that the particular point on which the judges of the circuit
    court had differed, was not certified. The whole record had been sent up, and it
    contained a certificate that the judges of the court had differed in opinion,
    without a specific statement of what the difference was.

    The court refused to take jurisdiction of the cause, and remanded the same to
    the circuit court of Rhode Island, with directions to proceed therein according
    to law.

    Mr Coxe, for plaintiff; Mr Whipple, for defendant.

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