Land v. Wickham
New York Court of Chancery
*This was a petition by the complainant for a rehearing, which stated that the late Chancellor, having been counsel for one of the parties previous to his appointment, the cause was heard before Judge Betts, of the second circuit, sitting for the Chancellor; that a decree was made in favor of the complainant to the whole extent of his claim; that the cause was afterwards reheard before Judge Emott, the successor of Judge Betts, when the decree was reversed as to the…
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*This was a petition by the complainant for a rehearing, which stated that the late Chancellor, having been counsel for one of the parties previous to his appointment, the cause was heard before Judge Betts, of the second circuit, sitting for the Chancellor; that a decree was made in favor of the complainant to the whole extent of his claim; that the cause was afterwards reheard before Judge Emott, the successor of Judge Betts, when the decree was reversed as to the principal part of the complainant’s claim. The petitioner further stated that he was poor and unable to bear the expense of an…
1Opinion of the Court
The Chancellor :—By the ancient practice of the English Court of Chancery, as appears from the cases cited in (Fox v. Mackreth, 2 Cox’s Cas. 158,) causes were sometimes reheard more than once, on the application of the same party. But it is now settled in that court, that a second rehearing cannot be had at the instance of the same party, after the first decree has been affirmed, except in a case of palpable mistake, or under very special circumstances. (East India Company v. Boddam, 13 Ves. 421.) But I have not been able to find any case in the English reports in which a rehearing has been…
2Cited by5 opinions
- Matter of PriceNew York Court of Appeals · 1876
- Lutt v. GrimontAppellate Court of Illinois · 1885
- New Jersey Zinc Co. v. New Jersey Franklinite Co.New Jersey Court of Chancery · 1862
- In re WrightNew York Surrogate's Court · 1878
- Johnson v. TuckerCourt of Appeals of Tennessee · 1875