Mason v. Crosby
U.S. Circuit Court for the District of Maine
After the decree in this case before given [Cases Nos. 9,234 and 9,235], a master was appointed, who made a report, a copy of which is annexed: “District of Maine, ss. U. S.‘Circuit Court. “Horatio Mason et al., in Equity, v. James Crosby et al.
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After the decree in this case before given [Cases Nos. 9,234 and 9,235], a master was appointed, who made a report, a copy of which is annexed: “District of Maine, ss. U. S.‘Circuit Court. “Horatio Mason et al., in Equity, v. James Crosby et al. “Pursuant to a decretal order made in the above cause at the October term, 1846, of said court, by which among other things it was ordered, adjudged and decreed: That the contract, conveyance, mortgage and notes in complainant’s bill mentioned, ought to be declared, and thereby were declared null, void and rescinded. That the money received therefor…
1Opinion of the Court
WOODBURY, Circuit Justice.
At the hearing of the exceptions in this case, a motion to introduce further evidence in their support was made by the complainants, and overruled. But if that disposition of it had, on maturer consideration, been found to be improper, we would still admit the evidence before deciding on the exceptions. But we think the ruling was right under all the circumstances. Because the further evidence was offered without any previous notice to the opposite party of a wish to offer more proof, or of a willingness that more might be adduced by them. The court, therefore,…
2Cases cited5 opinions
- Murray v. BallouNew York Court of Chancery · 1815
- Briggs v. PennimanCourt for the Trial of Impeachments and Correction of Errors · 1826
- Brisban v. BoydNew York Court of Chancery · 1832
- Wasson v. GouldIndiana Supreme Court · 1832
- O'Brien v. ElliotSupreme Judicial Court of Maine · 1838
3Cited by5 opinions
- Hulings v. Hulings Lumber. Co.West Virginia Supreme Court · 1893
- Continuous Glass Press Co. v. Schmertz Wire Glass Co.Court of Appeals for the Third Circuit · 1915
- Celluloid Manuf'g Co. v. Cellonite Manuf'g Co.U.S. Circuit Court for the District of Southern New York · 1889
- Wright v. BarnardDistrict Court, D. Delaware · 1919
- Duden v. MaloyU.S. Circuit Court for the District of Eastern New York · 1890