Clowes v. Dickenson
Court for the Trial of Impeachments and Correction of Errors
On appeal from the court of chancery. The final decree was, on the 5th of May, 1821, in favor of the appellant against the respondents, for certain damages, interest and costs; and confirmed on a re-hearing, on the 5th July in the s.ame year.
Read the full summary
On appeal from the court of chancery. The final decree was, on the 5th of May, 1821, in favor of the appellant against the respondents, for certain damages, interest and costs; and confirmed on a re-hearing, on the 5th July in the s.ame year. The appellant demanded the principal, interest and costs of the deeree, which were paid to him by the several re- • i - ■« spondents according to their shares, m the course oi that and the following year; for which he gave receipts to apply on the decree, *The appellant lay by till the 3d of July, 1826, when he filed an appeal to this court. moved to…
1Opinion of the Court
Spencer, Senator.
court of^rrors have power to try a question
A question has been raised on this motion, as to the mode of proceeding in this court, to try a Iuesti°n fact arising here, after the record has been received from the court below. In a former case, (a) I have ^n^maj.e¿ inclination of my mind, that this court, cannot send down any such question to be tried by an inferior court. But it is not necessary to decide that point in this case, as it may be otherwise disposed of. The facts upon which the motion is founded are not denied; and there can be no use in* having a trial to ascertain…
2Cases cited3 opinions
- Caldwell v. Mayor of AlbanyNew York Court of Chancery · 1842
- James v. VanderheydenNew York Court of Chancery · 1829
- Brewer v. ConnecticutOhio Supreme Court · 1839
3Cited by17 opinions
- Tyler v. SheaNorth Dakota Supreme Court · 1894
- Hayes v. . NourseNew York Court of Appeals · 1887
- Hofer v. HoferOregon Supreme Court · 1966
- Fiedler v. HowardWisconsin Supreme Court · 1898
- Higbie v. . WestlakeNew York Court of Appeals · 1856
12 more not listed; retrieve them via the Exa API.