Ambler v. Whipple
Supreme Court of the United States
This was a petition for rebearing, made in behalf of Whipple, the appellee, in an appeal from a chancery decree, in which a judgment of reversal and remand had been given in this court against him, at an earlier part of this term.* The original case was thus : Whipple, of the city of Washington, D. C., had formed a partnership in the year 1869, with a man of the name of Ambler, the purpose of the partnership being to generate gas from petroleum by a new process which Ambler…
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This was a petition for rebearing, made in behalf of Whipple, the appellee, in an appeal from a chancery decree, in which a judgment of reversal and remand had been given in this court against him, at an earlier part of this term.* The original case was thus : Whipple, of the city of Washington, D. C., had formed a partnership in the year 1869, with a man of the name of Ambler, the purpose of the partnership being to generate gas from petroleum by a new process which Ambler professed to have discovered. Whipple was the man of business of the firm, and the person who furnished the requisite…
1Opinion of the CourtJustice Miller
It is the well-settled rule of this court, to which it has steadily adhered, that no rehearing is granted unless some member of the court who concurred in the judgment, ex presses a desire for it, and not then unless the proposition receives the support of a majority of the court. For this reason, and for the better reason that the pressure of business in the court does not permit it, no reply to the petition whatever is allowed from the other side or given by the court.
The petition for rehearing in this case presents some features which seem to require a departure from this rule. It states…
2Cited by7 opinions
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- Cordner v. CordnerUtah Supreme Court · 1937
- Gas Products Co. v. RankinMontana Supreme Court · 1922
- Glasser v. Essaness Theatres Corp.Appellate Court of Illinois · 1952
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