Kendrick and Others v. Dallum

This cannot be done; this point was closed previously to the interlocutory decree. It would not only be irregular to go into an examination of this point again, but attended with dangerous consequences in practice. Upon the final hearing of a cause in equity, it may not be in the power of the Court, consistently with justice, to put a final end to the suit at once; but, so far as it proceeds, the examination must be considered as closed, and the cause must be taken up where it was left by the interlocutory decree. The defendant's counsel insisted that the survey should have been made in a…