A party cannot complain of error in his own favor ; Copeland v. Dairy Co., 189 Mass. 342, 75 N. E. 704 ; Drown v. Hamilton, 68 N. H. 23, 44 Atl. 79 ; Fredrick Mfg. Co. v. Dev i lin, 127 Fed. 71, 62 C. C. A. 53; Lowenthal v. Lowenthal, 157 N. Y. 236, 51 N. E. Questions not presented by the record can not be considered on appeal; Inhabitants of New Marlborough v. Brewer, 170 Mass. 48 N. E. 1089; Huff v. Cole's Estate, 127 Mich. 351, 86 N. W. 835 ; Lewis v. Lewis, 66 N. J. L. 251, 49 Atl. 453 ; Morgan v. Olvey, 50 Ind. 396; otherwise, sometimes, in criminal cases ; Crawford v. U. S., 212 U. S. 183, 2% Sup. Ct. 260, 53 L. Ed. 465, 15 Ann. Cas. 392.
When a cause comes before the court on a second appeal all matters passed on in the former decision are res judicata; Chapman. v. Ry. Co., 146 Mo. 481, 48 S. W. 646 ; a re hearing will be denied ; Pretzfelder v. Ins. Co., 123 N. C. 164, 31 S. E. 470, 44 L. R. A. 424; the law as determined in the former decision whether right or wrong binds the court on a subsequent appeal; Hopkins v. Grocery Co., 105 Ky. 357, 49 S. W. 18; Mead V. Tzschuck, 57 Neb. 615, 78 N. W. 262. See LAW OF THE CASE.
Where the supreme court affirms the decree in all respects but one, on subsequent appeal only this one particular point can be review ed; Illinois v. R. Co., 184 U. S. 77, 22 Sup..
Ct. 300, 46 L. Ed. 440. Ordinarily when the court is equally divided on appeal, the decree of the lower court is affirmed. But see 39., Nova Scotia 1, where the appeal was al lowed.
It is a general rule of the law that all the judgments, decrees, or orders, however con clusive in their character, are under the con trol of the court which pronounces them dur ing the term at which they are rendered or entered of record, and may then be set aside, vacated, modified, or annulled by that court ; Bronson v. Schulten, 104 U. S. 415, 26 L. Ed, 797.
The. Supreme Court disapproves the prac tice in an appellate court of reserving a judg ment on one of a number of assigned errors without passing on the others, as likely to. involve duplicate appeals; Bierce v. Water house, 219 U. S. 320, 21 Sup, Ct. 241, 55 L. Ed. 237.
As to the practice when the appellant is deprived of his bill of exceptions, by the death of the judge, etc., see NEW TWAT.
See BILL OF EXCEPTIONS ; JURISDICTION I WRIT OF ERROR; UNITED STATES. COURTS.
In the United States Supreme Court a defendant in error or appellee may file a confession of error, and thereupon the judg ment will be reversed and the cause remand ed, with proper directions.