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6 U.S. 15

Ogle v. Lee

Supreme Court of the United States

Decided February 1, 1804

Supreme Court of the United States · decided 1804-02

Cited by 1 later decisions (1 by the Supreme Court) — most recently June 1964

Relies on Oliver Saunders v. Benjamin Gould · Jonathan W. Nesmith v. Thomas C. Sheldon · Alexander Dennistoun John Dennistoun William Myline and William Wood Partners Under the Style of Dennistoun and Co v. Roger Stewart

Good law ✅— No negative treatment on recordhow we know

Decided 1804-02

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¶1O&rtifieate of division. — Error to final judgment.

¶2If a question upon which the judges below differ in opinion be certified to this court, and here decided, the parties are not precluded from a writ of error on the final judgment, when the whole cause will be before the court.

¶3This cause came up to this court, upon a question on which the opinions of the judges of the Circuit Court were opposed.

¶4It was made a question, whether this court would consider the whole case, or only the question upon which the court below divided.

¶5The Court

¶6were unanimously of opinion, that they could only consider the single question upon which the judges below divided in opinion;1 but that the parties will not be precluded from bringing a writ of error upon *16the final judgment below; and the whole cause will then be before the court. A court may at any time reverse an interlocutory decree.

¶7The case was afterwards settled by the parties.

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