Stroud v. Doolittle

Candler, Justice.

The writs of error which were sued out in this litigation to the Court of Appeals, assign error on judgments overruling separate general demurrers interposed to the petition. On consideration of the writs, and while sitting as a body for the determination of the questions presented by them, Judges Nichols, Townsend, and Quillian were of the opinion that the judgments complained of should be affirmed, Chief Judge Felton, Presiding Judge Gardner, and Judge Carlisle were of the opinion that they should be reversed; and because of such equal division, the writs of error were…