Roemer v. Simon
Supreme Court of the United States
Appear from the Circuit Court of the United States for the District of New Jersey. On motion. The bill filed in this case was for an alleged infringement of letters-patent, No. 56,801, granted to the appellant, bearing date July 31,1866,.for improvements in travellingbags, and prayed for an account and an injunction. .Upon a final hearing, a decree was rendered at the March Term of said Circuit Court, 1874, dismissing the bill. stating in substance that new and material…
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Appear from the Circuit Court of the United States for the District of New Jersey. On motion. The bill filed in this case was for an alleged infringement of letters-patent, No. 56,801, granted to the appellant, bearing date July 31,1866,.for improvements in travellingbags, and prayed for an account and an injunction. .Upon a final hearing, a decree was rendered at the March Term of said Circuit Court, 1874, dismissing the bill. stating in substance that new and material evidence, previously unknown to him, had been discovered since' the appeal herein. The affidavits of sundry persons, setting…
1Opinion of the CourtChief Justice Waite
i
It is clear, that, after an appeal in equity to this court, we cannot, upon motion, set aside a decree of the court below, and grant a rehearing. ' We can only affirm, reverse, or modify the ■decree appealed from, and that upon the hearing of the cause. No new evidence can be received here. Rév. Stat. sect. 698. The court below cannot grant a rehearing'after .the term at which the final decree was rendered. Equity Rule, 88. It would be useless to remand this cause, theféfore, as the term at which the decree was rendered has passed. If the term still continued, the proper practice would be to…
2Cited by48 opinions
- Hazel-Atlas Glass Co. v. Hartford-Empire Co.Supreme Court of the United States · 1944
- Leman v. Krentler-Arnold Hinge Last Co.Supreme Court of the United States · 1932
- Insurance Co. v. BoonSupreme Court of the United States · 1877
- Beard's Appeal from County CommissionersSupreme Court of Connecticut · 1894
- United States v. Newbury Mfg. Co.Court of Appeals for the First Circuit · 1941
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