Legal Opinion

Brown v. Aspden's Administrators

Supreme Court of the United States

Decided February 28, 1853PublishedCited by 41 opinions

This was an appeal from the Circuit Court of. the United States for the Eastern District of Pennsylvania, and was the conclusion of the case of Aspden et al. v. Nixon et al., reported in 4 Hów. 467. It-was affirmed by a divided court in December, 1852; and in February, 1853, a petition for a rehearing was filed by the appellants;

1Opinion of the Court

Upon, which petition Mr. Chief Justice TANEY delivered the opinion of the court.

A motion has been made for a rehearing in this case, and we have been referred to the practice of the English Chancery Court' in support of the application. Thé-argument presupposes that this court, in cases in equity, has adopted the rules and practice of the English chancery. But this is a mistake. The English chancery is a court of original' jurisdiction; and this court is sitting as an appellate tribunal. It would be impossible, from the nature and office of the two tribunals, to adopt the ■ same ■rules of…

2Cited by41 opinions

  1. Bronson v. SchultenSupreme Court of the United States · 1882
  2. Borer v. ChapmanSupreme Court of the United States · 1887
  3. Wetmore v. KarrickSupreme Court of the United States · 1907
  4. City of Manning v. German Ins.Court of Appeals for the Eighth Circuit · 1901
  5. Brooks v. Railroad Co.Supreme Court of the United States · 1880

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