Tice v. School District No. 18, Adams County
United States Circuit Court
1883— On rehearing). Bill in equity brought to set aside a judgment at law in this Court, and for new trial upon the ground of surprise at the trial, and newly discovered evidence. The original suit was brought by the plaintiff to recover judgment upon certain bonds alleged to have been issued by the defendant School District, for the purpose of building and furnishing a public school house.
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1883— On rehearing). Bill in equity brought to set aside a judgment at law in this Court, and for new trial upon the ground of surprise at the trial, and newly discovered evidence. The original suit was brought by the plaintiff to recover judgment upon certain bonds alleged to have been issued by the defendant School District, for the purpose of building and furnishing a public school house. The District interposed the defense that the bonds were never issued by it by a vote of the District, and that no money was ever received by the District for the same. The plaintiff was a purchaser of the…
1Opinion of the Court
McCrary, Circuit Judge.
After much consideration, I have reached the conclusion that the statute of Nebraska regulating the practice of the State Courts in determining applications for new trials, is not binding upon this Court when exercising its chancery jurisdiction. Our jurisdiction in chancery is not derived from or limited by State laws. The rules governing its exercise are the same in all the States, and are according to the practice of Courts of equity in the parent country as contradistinguished from Courts of law. It is a jurisdiction conferred by the Constitution of the United…
2Cases cited4 opinions
- Goldsborough v. OrrSupreme Court of the United States · 1822
- Hoskins v. HattenbackSupreme Court of Iowa · 1862
- Ballance v. LoomissIllinois Supreme Court · 1859
- Johnston v. RoeU.S. Circuit Court for the District of Eastern Missouri · 1880
3Cited by4 opinions
- York v. Guaranty Trust Co. of New YorkCourt of Appeals for the Second Circuit · 1944
- Hitt v. CarrIndiana Court of Appeals · 1921
- O'Connor v. O'ConnorCourt of Appeals for the Fifth Circuit · 1905
- York v. Guaranty Trust Co. of New YorkCourt of Appeals for the Second Circuit · 1944