New York Court of Appeals June 15, 1850 (Mason v. Jones)

Bronson, Ch. J.

The appellant moves to vacate the judgment of affirmance which was rendered in May 1849, and have the cause reheard; and the motion rests on the allegation that the judges in their consultations out of court were equally divided in opinion—four being for the affirmance and four for the reversal of the decree—and in such a state of things, it i's said, that no judgment could