Sig Ellingson & Co. v. Polk County State Bank

All agree that the orders under review should be affirmed upon an equal division of opinion and that no precedent is made. The cases cited in the per curiam so hold. It was the rule at common law. It is everywhere held. Dec. Dig. Appeal and Error, § 1123. Nothing we say further is of judicial consequence.

There can be no dissent by a majority. There can be no dissent when there is an equal division. There can be a dissent only by a minority. The practice is to state the result and refrain from commenting upon the merits of opposing claims. Thus in the first case cited, Wilson v. Jamison, 36…