Legal Opinion

Dexter v. Arnold

U.S. Circuit Court for the District of Rhode Island

Decided June 15, 1829PublishedCited by 36 opinions

Petition to file a bill for the purpose of obtaining a review of a decree, rendered in this court at a former term, in the case of Dexter v. Arnold [Case No. 3,S55]. The original bill, filed at the November term. 1S21. charged Thomas Arnold, as surviving partner, joint owner, trustee, and agent of his brother Jonathan Arnold, and as administrator upon his estate.

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Petition to file a bill for the purpose of obtaining a review of a decree, rendered in this court at a former term, in the case of Dexter v. Arnold [Case No. 3,S55]. The original bill, filed at the November term. 1S21. charged Thomas Arnold, as surviving partner, joint owner, trustee, and agent of his brother Jonathan Arnold, and as administrator upon his estate. Upon the bill, answer, and exhibits, an interlocutory decree passed, for the defendant [Anna Arnold, administratrix of Thomas Arnold] to account upon oath, with directions to the master as to the mode of taking an account, and…

1Opinion of the Court

STORY, Circuit Justice.

The present is a somewhat novel proceeding in this circuit; and I am not aware, that, in any other circuit of the United States, any general course of practice has prevailed, which would su-percede the necessity of acting upon this, as a case of first impression, to be decided upon the general principles of courts of equity. It comes before the court upon a petition for leave to file a bill of review of a decree rendered in this court at November term, IS23, principally upon the ground of a discovery of new matters of fact. The petition was filed at November term, 1827,…

2Cases cited4 opinions

  1. Livingston v. HubbsNew York Court of Chancery · 1817
  2. Wiser v. BlachlyNew York Court of Chancery · 1817
  3. Anderson v. LewisMississippi Chancery Courts · 1844
  4. Barrow v. RhinelanderNew York Court of Chancery · 1817

3Cited by36 opinions

  1. Hazel-Atlas Glass Co. v. Hartford-Empire Co.Supreme Court of the United States · 1944
  2. Le Guen v. GouverneurCourt for the Trial of Impeachments and Correction of Errors · 1798
  3. Hurd v. GoodrichIllinois Supreme Court · 1871
  4. Glos v. PeopleIllinois Supreme Court · 1913
  5. Missouri-Kansas Pipe Line Co. v. WarrickSupreme Court of Delaware · 1938

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