Majority
p. 15Ogle v. Lee.
Syllabus
O&rtifieate of division. — Error to final judgment.If a question upon which the judges below differ in opinion be certified to this court, and here decided, the parties are not precluded from a writ of error on the final judgment, when the whole cause will be before the court.
This cause came up to this court, upon a question on which the opinions of the judges of the Circuit Court were opposed.
It was made a question, whether this court would consider the whole case, or only the question upon which the court below divided.
were unanimously of opinion, that they could only consider the single question upon which the judges below divided in opinion;[1] but that the parties will not be precluded from bringing a writ of error upon
1 If the whole case be sent up, the cause will be remanded. Saunders v. Gould, 4 Pet. 392 ; Harris v. Elliott, 10 Id. 25: Adams v. Jones, 12 Id. 207; Dennistoun v. Stewart, 18 How. 565 ; Daniels v. Rock Island Railroad Co., 350. Neither can the whole case be broken up into points, some of which may never arise. Nesmith v. Shelden, 6 How. 41 ; Luther v. Borden, 7 Id. 1; Webster v. Cooper, 10 Id. 54. But see United States v. Chicago, 7 Id. 185.
p. 16
the final judgment below; and the whole cause will then be before the court. A court may at any time reverse an interlocutory decree.
The case was afterwards settled by the parties.