Charlottesville & Albemarle Railway Co. v. Rubin
Supreme Court of Virginia
Motion to rehear a judgment of this court affirming a judgment of the circuit court of Albemarle county by a divided, court.
1Opinion of the Court
By the court.
The petition to rehear in this case proceeds upon the mistaken theory that the order of affirmance is void inasmuch as the present statute (Va. Code, 1904, sec. 3485) makes no express provision, as did the former statute, for judgments hy divided court.
The contention is founded upon the misconception that the origin of that procedure is statutory. On the contrary, the statute was merely declaratory of a well-settled, pre-existing rule of necessity.
*752‘■'Where the court is equally divided, so far as the point of division goes, the judgment or decree of the court below is affirmed.…
2Cases cited8 opinions
- The AntelopeSupreme Court of the United States · 1825
- Durant v. Essex Co.Supreme Court of the United States · 1869
- Holmes v. JennisonSupreme Court of the United States · 1840
- Etting v. Bank of United StatesSupreme Court of the United States · 1826
- Washington Bridge Co. v. StewartSupreme Court of the United States · 1845
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