Baker v. Whiting
United States Circuit Court
In equity. Petition by [Timothy] Whiting for a rehearing, and for leave to introduce new evidence in this cause, which was formerly before this court, and is reported in 3 Sumn. 476, [Baker v. Whiting, Case No. 787.] [Denied.] The petition, in substance, stated as follows: That the petitioner denies, expressly, that he ever was constituted agent of Tidd & Stimpson, or either of them, or their heirs.
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In equity. Petition by [Timothy] Whiting for a rehearing, and for leave to introduce new evidence in this cause, which was formerly before this court, and is reported in 3 Sumn. 476, [Baker v. Whiting, Case No. 787.] [Denied.] The petition, in substance, stated as follows: That the petitioner denies, expressly, that he ever was constituted agent of Tidd & Stimpson, or either of them, or their heirs. And that he never understood, that it was important to ascertain, whether they ever had any particular and properly constituted agent, and if so, who was such agent. Nor was he ever advised, that…
1Opinion of the Court
STORY, Circuit Justice.
The petition in this case involved some novelty, as well as some nicety, as to the practice of courts of equity, in regard to the rehearing of a cause, and the introduction of new evidence after the cause has been argued, and an interlocutory degree has been pronounced, but before a final decree has been entered; and on that account we were desirous to take a little time to consider it, before we delivered our judgment.
It is plain, that a rehearing alone, without the introduction of the new evidence, would be utterly useless, since (as the learned counsel admit) they…
2Cases cited2 opinions
- Livingston v. HubbsNew York Court of Chancery · 1817
- Wiser v. BlachlyNew York Court of Chancery · 1817
3Cited by24 opinions
- Connecticut Mutual Life Insurance v. SmithSupreme Court of Missouri · 1893
- In re Gamewell Fire-Alarm Tel. Co.Court of Appeals for the First Circuit · 1896
- Eclipse Mach. Co. v. Harley-Davidson Motor Co.Court of Appeals for the Third Circuit · 1923
- Moehlenpah v. MayhewWisconsin Supreme Court · 1909
- Page v. Holmes Burglar Alarm Telegraph Co.U.S. Circuit Court for the District of Southern New York · 1880
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