Legal Opinion

Daniel v. Mitchell

U.S. Circuit Court for the District of Maine

Decided May 15, 1840PublishedCited by 7 opinions

After the hearing upon the original bill and the interlocutory decree therein [Case: No. 3,5G2], and after the cross bill had been dismissed with costs, the defendants filed a petition for a rehearing of the original bill, and cross bill, and also for leave to file a supplemental bill or other proper proceedings, to bring before the court, upon the rehearing, certain confessions of the plaintiff, alleged to have been made since the hearing of the original and cross bill to…

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After the hearing upon the original bill and the interlocutory decree therein [Case: No. 3,5G2], and after the cross bill had been dismissed with costs, the defendants filed a petition for a rehearing of the original bill, and cross bill, and also for leave to file a supplemental bill or other proper proceedings, to bring before the court, upon the rehearing, certain confessions of the plaintiff, alleged to have been made since the hearing of the original and cross bill to the defendant, Todd, and his counsel, in which he admitted the material facts stated in the cross bill, and also one…

1Opinion of the Court

STORY, Circuit Justice.

I am far from desiring, that the counsel on both sides should not be allowed the fullest opportunity of being heard upon the present petition. But as all the papers were sent to me some time since, without any intimation, that an argument was to be made, I supposed the papers were submitted for the consideration of the court for their decision without argument, and I accordingly devoted my attention to the examination of the subject. As there are intrinsic difficulties in the case, and the application stands upon very unusual circumstances, and the counsel seem desirous…

2Cited by7 opinions

  1. Steines v. Franklin CountySupreme Court of the United States · 1872
  2. McLeod v. City of New AlbanyCourt of Appeals for the Seventh Circuit · 1895
  3. American Diamond Rock Boring Co. v. SheldonUnited States Circuit Court · 1880
  4. Bailey v. CrumpCourt of Appeals for the Fourth Circuit · 1930
  5. Lutt v. GrimontAppellate Court of Illinois · 1885

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