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BAKER v. POWER

124 U.S. 167 (1888)

BAKER v. POWER.

Supreme Court of United States.

Decided January 16, 1888.

Attorney(s) appearing for the Case

Mr. William H. Bliss for the motion.

Mr. James H. Davidson and Mr. Henry L. Williams opposing.

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

This motion is denied. If it be true, as is alleged, but which is by no means clear, that the decree appealed from was rendered by the district judge when he had no vote in the cause, we still have jurisdiction of the appeal. Although the district judge may have had no right to a vote, he was rightfully a member of the Circuit Court, Rodd v. Heartt,

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