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Wolf v. Usher

Citations: 28 U.S. 269; 7 L. Ed. 675; 3 Pet. 269; 1830 U.S. LEXIS 538

Court: Supreme Court of the United States; February 25, 1830; Federal Supreme Court; Federal Appellate Court

Narrative Opinion Summary

In the case of James D. Wolf v. George F. Usher, the Supreme Court addressed a jurisdictional issue stemming from a division among judges in the circuit court of Rhode Island. The court found that the record submitted did not specify the particular point of disagreement among the judges, as it only included a general certificate of division. Consequently, the Supreme Court declined to assume jurisdiction over the case and remanded it back to the circuit court, instructing the court to proceed according to law. Legal representatives included Mr. Coxe for the plaintiff and Mr. Whipple for the defendant.

Legal Issues Addressed

Jurisdiction of the Supreme Court

Application: The Supreme Court declined to assume jurisdiction due to the lack of a specific point of disagreement among the circuit court judges.

Reasoning: The court found that the record submitted did not specify the particular point of disagreement among the judges, as it only included a general certificate of division.

Procedure upon Remand

Application: The case was remanded to the circuit court with instructions to continue the proceedings according to law.

Reasoning: Consequently, the Supreme Court declined to assume jurisdiction over the case and remanded it back to the circuit court, instructing the court to proceed according to law.