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Special case for the opinion of the judge on appeal on a question of law.
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138. In all cases of appeal from any civil bill decree or dismiss it shall be lawful for the recorder, or assistant barrister, in case he shall be of opinion that a question of law only is involved in such proceeding, by consent of the parties respectively, to state a special case under his hand for the opinion of the judge on appeal upon such question of law; and thereupon like proceedings shall be had, and a like decision given upon such appeal and special case, and subject to like provisions, as in other cases of appeal, save that, without further proof of the facts of the case, the decision of the court of appeal shall be given upon such special case.
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