Tracey v. Sacket
Ohio Supreme Court
This is a bill of review reserved in the county of Ashtabula. The original bill was filed by Sacket against Tracey in the Court of Common Pleas of Ashtabula county, in October, 1843, in which court, at the March term thereof, 1845, a decree was rendered against Tracey, from which he appealed to the Supreme Court.
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This is a bill of review reserved in the county of Ashtabula. The original bill was filed by Sacket against Tracey in the Court of Common Pleas of Ashtabula county, in October, 1843, in which court, at the March term thereof, 1845, a decree was rendered against Tracey, from which he appealed to the Supreme Court. At the September term of the Supreme Court, 1846, a decree was rendered against Tracey, and the cause referred to a master commissioner to state an account between the parties. At the September term, *1847, the master having reported, the decree was made final between the parties.…
1Opinion of the CourtBartley, J.
The errors assigned are founded in matters *of fact, and this court would not be disposed to disturb a decree resting upon facts which have been once found, except in a very clear case. Mere difference of opinion as to the weight of the evidence would not justify the reversal of a decree upon a bill of review. Buckley v. Gilmore, 12 Ohio, 75.
But we see no difficulty in sustaining this decree upon the facts of the case. The contract between Tracey and Saebet was of such a nature as would be properly regarded by any court of equity with scrutinizing jealousy. It is said by Justice Story that…
2Cases cited1 opinion
- Cruise v. Christopher's AdministratorCourt of Appeals of Kentucky · 1837