Field v. Schieffelin
New York Court of Chancery
PETITION of William Joseph Hopkins, one of the defendants, an infant, by his guardian, for a rehearing, on the usual certificate of counsel, that it ought to be granted.
Read the full summary
PETITION of William Joseph Hopkins, one of the defendants, an infant, by his guardian, for a rehearing, on the usual certificate of counsel, that it ought to be granted. The petition complained of error in the decree, and reiterated the same points which were taken and argued in the cause, as constituting a defence to the suit.* It stated further, that it was for the jnterest; ancj pr0per for the establishment of the rights of the infant, that he should file a cross bill against the plaintiff, and the representatives of William James Stewart, and his surety, John James Stewart, “ for the…
1Opinion of the Court
The Chancellor.
The principal object of the rehearing, is to obtain the benefit of further proof by means of a cross bill. It is to supply, in that way, the defect of direct proof on matters put in issue in the original cause, after testimony had been taken in the cause, and the party had voluntarily gone to a hearing upon the pleadings and proofs as they stood, and in the belief that the facts were sufficiently in issue, and sufficiently proved.
An application of this kind, after hearing, and after a decree, is altogether unwarranted by the rules and practice of the Court. The avowed object of…
2Cases cited1 opinion
- Sterry v. ArdenNew York Court of Chancery · 1814
3Cited by13 opinions
- Eve v. LouisIndiana Supreme Court · 1883
- Pierce v. ChaceMassachusetts Supreme Judicial Court · 1871
- Helm v. First National BankIndiana Supreme Court · 1883
- Blythe v. HinckleyU.S. Circuit Court for the District of Northern California · 1897
- Holbrook v. SchofieldMassachusetts Supreme Judicial Court · 1912
8 more not listed; retrieve them via the Exa API.