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UNITED STATES v. ROSENBURGH

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74 U.S. 580 (1869)

7 Wall. 580

19 L.Ed. 263

UNITED STATES, v. ROSENBURGH.

Supreme Court of United States.

April 12, 1869.

Attorney(s) appearing for the Case

Mr. Evarts, Attorney-General, for the United States.

Mr. E.W. Sloughton, contra.

The CHIEF JUSTICE delivered the opinion of the court.

The general rule undoubtedly is, that this court cannot, upon a certificate of division of opinion, acquire jurisdiction of questions relating to matters of pure discretion in the Circuit Court. Thus, it has been held that this court will not determine upon a certificate of division of opinion, whether or not a new trial shall be granted,* or whether a plaintiff in ejectment shall be...

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