Kapiolani Estate, Ltd. v. Atcherly

Concurring- Opinion or

Frear, C.J.

I concur in general in the reasoning and conclusions of the foregoing opinion.

It is true, as held in Lawrence Mf'g Co. v. Janesville Mills, 138 U. S. 552, that “where a party returns to a court of chancery to obtain its aid in executing a former decree, it is at the risk of opening up such decree as respects the relief to be granted on the new bill,” but that does not mean-that the former decree should be opened up in all cases. As a rule it is not opened up where, as here, so long a time has elapsed since it was made and where no fraud is alleged in obtaining…