Ogle v. Lee , 6 U.S. 33 ( 1804 )

The Court

were unanimously of opinion, that they could only consider the single question upon which the judges below divided in opinion;¹ 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.

1 If the whole case be sent up, the cause will be remanded. Saunders v. Gould, 4 Pet. 392; Harris v. Elliott, 10 Id. 25: Adams v. Jones, 12 Id. 207; Dennistoun v. Stewart, 18 How. 565; Daniels v. Rock Island Railroad Co., 350. Neither can the whole case be broken up into points, some of which may never arise. Nesmith v. Shelden, 6 How. 41; Luther v. Borden, 7 Id. 1; Webster v. Cooper, 10 Id. 54. But see United States v. Chicago, 7 Id. 185.