French v. Chittenden
Supreme Court of Vermont
This was a petition-, brought to. the present term of this court by David French, praying for the re-hearing of a cause, in which a decree was pronounced, at the January term of this court, 1837, in favor of the petitioner, and against Martin Chittenden and others. <■ The petition was not preferred-, nor served upon the petitionees, until after twenty days from the rising of the court making the decree, and, for this cause, the petitionees moved to dismiss the petition.
1Opinion of the Court
Williams, Chancellor.
A petition for a re-hearing is an application for a re-argument, and cannot be sustained after a decree is enrolled. By the 17th rule in Chancery, no decree is to be recorded until the expiration of twenty days from the rising of the court, and no decree will be suspended by a petition for re-hearing, unless the same is served upon the adverse party within the twenty days. - The effect of this fule must be to limit applications for re-hearing, to the twenty days, although it is not so declared in terms. The party, in whose favor a decree is made, may, at any time after…
2Cited by1 opinion
- Canerdy v. BakerSupreme Court of Vermont · 1882