Division of Opinion — Jurisdiction. 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 in proceedings under a writ of habeas corpus until final judgment had 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.