Finlayson v. Lipscomb
Supreme Court of Florida
Appeal from the Circuit Court for Madison county. This is an appeal from an interlocutory order granting a rehearing after final decree upon petition praying leave to bring forward additional evidence and for a hearing thereon. The order for such rehearing was granted by the Judge of the Third Judicial Circuit. The decision of the Supreme Court is confined strictly to a question of practice, without any reference to the particular facts in the case.
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Appeal from the Circuit Court for Madison county. This is an appeal from an interlocutory order granting a rehearing after final decree upon petition praying leave to bring forward additional evidence and for a hearing thereon. The order for such rehearing was granted by the Judge of the Third Judicial Circuit. The decision of the Supreme Court is confined strictly to a question of practice, without any reference to the particular facts in the case. The petition prayed leave to examine additional witnesses to establish certain facts alleged to be within their knowledge.
1Opinion of the CourtWestcott, J.
In this case, after final decree against, defendant, signed and pronounced,- but not entered, he files a petition praying a rehearing, and that “ the case may be recommitted to the master, with leave to introduce other testimony in said cause by both sides.” After notice and hearing the rehearing is granted upon condition that defendant pay all the costs, and will speed the cause. From this order the plaintiff appeals. This was a petition for rehearing under the statute. Sec. 2, Thomp. Dig. 462.
It is not conformable to chancery practice, nor does the statute authorize the court, under such…
2Cases cited5 opinions
- Pendleton v. FayNew York Court of Chancery · 1831
- Baxter v. BaileyCourt of Appeals of Kentucky · 1847
- City of Apalachicola v. CurtisSupreme Court of Florida · 1861
- Wendell v. LewisNew York Court of Chancery · 1837
- Dousman v. HooeWisconsin Supreme Court · 1854
3Cited by14 opinions
- Bloxham v. Florida Central & Peninsular RailroadSupreme Court of Florida · 1897
- Haines City Citrus Growers Assn. v. PettewaySupreme Court of Florida · 1932
- Rose v. Lurton Co.Supreme Court of Florida · 1933
- Finlayson v. LipscombSupreme Court of Florida · 1878
- Braznell v. BraznellSupreme Court of Florida · 1939
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