Ex Parte Clodomiro Cota, 110 U.S. 385 (1884)

U.S. Supreme Court

Ex Parte Clodomiro Cota, 110 U.S. 385 (1884)

Ex Parte Clodomiro Cota

Submitted January 22, 1884

Decided February 4, 1884

110 U.S. 385

Syllabus

This Court cannot take jurisdiction of a certificate of division in opinion in proceedings under writ of habeas corpus until entry of final judgment, Ex Parte Tom Tong, 108 U. S. 556 -- approved and followed.

U.S. Supreme Court

Ex Parte Clodomiro Cota, 110 U.S. 385 (1884)

Ex Parte Clodomiro Cota

Submitted January 22, 1884

Decided February 4, 1884

110 U.S. 385

ON CERTIFICATE OF DIVISION OF OPINION

FROM THE DISTRICT OF CALIFORNIA

Syllabus

This Court cannot take jurisdiction of a certificate of division in opinion in proceedings under writ of habeas corpus until entry of final judgment, Ex Parte Tom Tong, 108 U. S. 556 -- approved and followed.

MR. CHIEF JUSTICE WAITE delivered the opinion of the Court.

It was decided at the last term in Ex Parte Tom Tong, 108 U. S. 556, that this Court could not take jurisdiction of a certificate of division in opinion between the judges of a circuit court

Page 110 U. S. 386

in proceedings under a writ of habeas corpus until final judgment has been rendered in accordance with the opinion of the presiding justice or judge. This is such a case, and it is consequently remanded to the circuit court for further proceedings according to law.