Stuart v. Pennis

Decided July 11, 1899

Supreme Court of Virginia · decided 1899-07-11

Appellate Practice- — Court Equally Divided. Where the appellate court is equally divided the ruling of the lower court is affirmed. Same — Decrees—“Without Prejudice.” In this case it appeared to the court that the decree dismissing the bill should have been without prejudice to the right of the appellant to bring his action at law on the contract, and the decree was amended in that respect.

Relies on Stuart v. Pennis

Modified · Decided 1899-07-11

Cardwell, J.,

¶1delivered the opinion of the court.

¶2In this case, which is a sequel of the case of Stuart v. Pennis, 91 Va. 688, 22 S. E. 509, the court being equally divided as to the right of appellant to have a decree for the specific *668performance of the contract in his bill mentioned, no opinion has been prepared ; but, it appearing to the court that the decree dismissing the bill should have been without prejudice to the right of appellant to bring his action at law upon said contract, if he be so advised, the decree appealed from will be amended in this respect, and, as amended, will be affirmed, with costs to appellee.