BROBST ET AL.
v.
BROBST
BROBST ET AL.
BROBST
4 Wall. 2
Supreme Court of the United States (1866)
Negative Treatment
Also reported at: 18 L. Ed. 387 · 1866 U.S. LEXIS 860 · SCDB 1866-036
Cited by 156 cases
Opinion of the Court
The CHIEF JUSTICE:
Tbe question is one of fact, and can only be determined by an examination of tbe evidence in tbe record; and it has been repeatedly determined that only questions of law upon distinct points in a cause can be brought to this court by certificate.*
An order must be made, therefore, remanding this cause to the Circuit Court, without answer to tbe question certified, for want of jurisdiction.
*
Wilson v. Barnum, 8 Howard, 261.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (123 total)
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The Int'l Ass'n of MacHinists v. State, 153 Fla. 672 (Fla. 1943)…re of power carries with it all those implied powers necessary to fully effectuate this express enumerated power. McCulloch v. Maryland, 4 W. 316. The Federal power to wage war being absolute, it must necessarily be exclusive. See Ex parte Milligan, 4 Wall. 2. This express grant of power, says the Supreme Court of the United States, in Gordon Kiyoshi Hirabayashi v. The United Statee of America, (October Term, 1942, dated June 21, 1943) : “ — extends to every matter and activity so related to war as sub…
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Callaway v. State, 109 So. 2d 364 (Fla. 1959)…hysteria and aroused community indignation — we may well contemplate anew that immortal declaration of the Supreme Court of the United States rendered in a similar period of hysteria growing out of internecine war, in the case of Ex parte Milligan, 4 Wall. 2, text 118, 18 L.Ed. 281. In that case, the Supreme Court of the United States, when it was called on to decide a similar question to what we have involved here, uttered this imperishable declaration of constitutional liberty: “ ‘No graver question…
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Paul v. State, 110 So. 2d 388 (Fla. 1959)…cient to support the verdict and judgment rendered and the sentence of death in the electric chair imposed thereon. In the recent case of Callaway v. State, 109 So. 2d 364, 367, we quoted with approval an excerpt from the case of Ex parte Milligan, 4 Wall. 2, text 118, 18 L.Ed. 281, which it is appropriate to repeat here: “ ‘No graver question was ever considered by this court, nor one which more nearly concerns the rights of the whole people; for it is in the birthright of every American citizen when…
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