Dale v. Roosevelt

The Chancellor.

On a rehearing, the cause is en~ tirely open as to the party in whose favour the former decree was given ; and as to the other party, it is open only in respect to the parts of the decree complained of. A party may, no doubt, be let in to read fresh evidence, not read on the former hearing ; but I understand the cases refer to the evidence duly taken in chief, and omitted, by ^ negligence or other cause, to be read j or if the evidence be new matter not before ready, it relates only to papers since found, and which may be proved, viva voce, at the hearing, or to testimony going…