Robinson v. Sampson
Supreme Judicial Court of Maine
This was a petition by the plaintiffs for a rehearing of the case in equity, between the same parties, reported in 23 Maine Reports, 388. The case, a rehearing of which is now sought, was argued at the April Term of this Court in Cumberland, 1844, and continued nisi for advisement. The opinion of the Court was delivered, and a final decree passed, at the following November Term, dismissing the bill, for reasons given in the opinion found in the reported case.
Read the full summary
This was a petition by the plaintiffs for a rehearing of the case in equity, between the same parties, reported in 23 Maine Reports, 388. The case, a rehearing of which is now sought, was argued at the April Term of this Court in Cumberland, 1844, and continued nisi for advisement. The opinion of the Court was delivered, and a final decree passed, at the following November Term, dismissing the bill, for reasons given in the opinion found in the reported case. At the April Term, 1845, the plaintiffs presented their petition for another hearing, and after reciting the substance of the original…
1Opinion of the Court
The opinion of the Court was prepared by
Teotey J.
— “ A bill of review may be brought upon the discovery of new matter, which would change the merits of the claim upon which the decree was founded. ” Story’s Eq. PI. sect. 412. {£ The new matter must be relevant and material, and such, as if known, might probably have produced a different determination. ” “ Not to make a new case but to establish an old one. ” “ The new matter must have come to the knowledge of the party after the time, when it could have been used in the cause at the original hearing.” Ibid. sect. 413. “ The matter must not…
2Cases cited3 opinions
- Wiser v. BlachlyNew York Court of Chancery · 1817
- Dale v. RooseveltNew York Court of Chancery · 1822
- Desplaces v. GorisNew York Court of Chancery · 1835
3Cited by2 opinions
- Sheffield v. MullinSupreme Court of Minnesota · 1881
- Perrine v. WhiteNew Jersey Court of Chancery · 1882