Supreme Court of Virginia January 16, 1908 (Charlottesville & Albemarle Railway Co. v. Rubin)

By the court.

The petition to rehear in this case proceeds upon the mistaken theory that the order of affirmance is void inasmuch as the present statute (Va. Code, 1904, sec. 3485) makes no express provision, as did the former statute, for judgments hy divided court.

The contention is founded upon the misconception that the origin of that procedure is statutory.