If on a motion for a new trial the motion is rejected. If on a motion to enter judgment on a verdict, the judgment is entered. In England, if the house of lords be equally divided on a writ of error, the judgment of the court below is affirmed. But in error coram nobis, no judgment can be given if the judges are equally divided, except by consent. When the judges are equally divided on the admission of testimony, it cannot be received.
Courts are of various kinds.
They are also courts of original jurisdiction, courts of error and courts of appeal. Courts of record cannot be deprived of their jurisdiction except by express negative words. And such a court is the court of common pleas in Pennsylvania. Courts of equity are not, in general, courts of record. Their decrees touch the person, not lands or goods.