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Ex parte Clodomiro Cota

110 U.S. 385 Court SCOTUS Decision date 1884-02-04 English

Delivered by Mr. Chief Justice "Waite

Contents

Majority

p. 385
EX PARTE CLODOMIRO COTA.

Syllabus

ON CERTIFICATE OF DIVISION OF OPINION FROM THE DISTRICT OF . CALIFORNIA.
Submitted January 22d, 1884.
Decided February 4th, 1884.
Division of Opinion — Jurisdiction.
This court cannot take jurisdiction of a certificate of division in' opinion in proceedings under writ of habeas.corpus, until entry of final judgment, Ex parte Tom Tong, 108 U. S. 556 — approved and followed.
Mr. Assistant Attorney-General Momry for the Hnited States.
No counsel appeared for Clodomiro Cota.

delivered the opinion of the court.

It was decided at the last term in Ex parte Tom Tong, 108 U. S. 556 , that this court could not take jurisdiction of a certificate of division in opinion between the judges of a Circuit Court

p. 386
in proceedings under a writ of babeas, corpus until final judgment bad been rendered in accordance with tbe opinion-of tbe presiding justice or judge. Tbis is sucb a case, and it is consequently remanded to tbe Circuit Court for further proceedings according to law.

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