Lyon v. Merritt
New York Court of Chancery
After the making of the decretal order in this case, as reported in 5 Paige’s Rep. 125, the defendants L. Merritt and J. G. Dyckman appealed to the court for the correction of errors, where the decree of the chancellor was affirmed. The defendants afterwards applied to the chancellor, upon hew affidavits, to alter or modify that part of the decretal order which directed the note in question to be delivered up' and cancelled,
1Opinion of the Court
The Chancellor.
The question as to the delivery up' of the note is res adjudicatur between these parties; that part of the decretal order having been appealed from and affirmed by the court of dernier resort. Where an order or decree which is appealed from does not reserve the right to apply for a modification thereof upon a new state of facts, in the nature of a rehearing, the appellant upon an affirmance of the order or decree must, if he wishes the question reheard in the court below upon a new state of facts, ask of the appellate court that the affirmance may be without prejudice to his…
2Cited by11 opinions
- Gale v. NickersonMassachusetts Supreme Judicial Court · 1887
- State ex rel. Wolferman v. Superior CourtWashington Supreme Court · 1894
- Bloxham v. Florida Central & Peninsular RailroadSupreme Court of Florida · 1897
- Cleveland v. QuiltyMassachusetts Supreme Judicial Court · 1880
- In re WesterfieldAppellate Division of the Supreme Court of the State of New York · 1901
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