Ashuelot R. R. v. Elliot

As there has been a trial by the master since the announcement of the decisions which we are asked to reconsider, the motion for a rehearing is not seasonably made. And as justice has been done by a special revisory decree, adjusting the accounts of the parties upon equitable principles, there is nothing to take the case out of the general rule which requires such a motion to be presented before the questions of fact are tried in pursuance of the decision of law. But we have not allowed the position of the case to prevent a consideration of the argument advanced against the former decision on…