Fraser v. Willey

Hawicins, J ustice:

This case was argued upon its merits at the last term of this Court and submitted to it for its decision, and the Court being equally divided judgment of affirmance was entered and the plaintiff in error now seeks to vacate that judgment and reinstate the case upon the following grounds to wit: First, That the Court being equally divided in opinion, no judgment could be entered affirming the judgment of the Court below. Second, that the justices of the Supreme Court did not file their opinions in writing in this case before judgment was pronounced.

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