Opinion
FEBRUARY TERM, 1804.
THIS cause came up to this court, upon a question on which the opinions of the judges of the circuit court were opposed.
It was made a question, whether this court would consider the whole case, or only the question upon which the court below divided.
The court were unanimously of opinion, that they could only consider the single question, upon which the judges below divided in opinion, but that the parties will not be precluded from bringing a writ of error, upon the final judgment below; and the whole cause will then be before the court. A court may at any time reverse an interlocutory decree.
The case was afterwards settled by the parties.