Mason v. . Jones
New York Court of Appeals
The ground of the motion is sufficiently stated in the opinion of the court, which was delivered by moved to vacate the judgment of affirmance in this cause, which was rendered in May term, 1849.
1Opinion of the Court
Bronson, Ch. J.
The appellant moves to vacate the judgment of affirmance which was rendered in May, 1849, and have the cause re-heard; and the motion rests on the allegation that the judges in their consultations out of court were equally divided in opinion—four being for the affirmance, and four for the reversal of the decree. And in such a state of things, it is said, that no judgment could properly be rendered. The judgment was pronounced by a full court of eight judges, without any dissent at the time, and I am of opinion that neither party can go behind the public act of the court, and…
2Cited by4 opinions
- Slewett & Farber v. Board of Assessors of County of NassauAppellate Division of the Supreme Court of the State of New York · 1981
- In re the Amendment to a Trust Agreement between Peabody & DunningtonNew York Court of Appeals · 1959
- Francisco v. HatchWisconsin Supreme Court · 1905
- State ex rel. Turner v. Circuit Court for Ozaukee CountyWisconsin Supreme Court · 1888