Reports of Cases Adjudged in the Court of Chancery of New York Volume 5
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1887 edition. Excerpt: ... the appeal, as the complainants had since discovered, the defendant had suppressed certain evidences and burnt the deed on which the complainant's title depended. And a discovery of these matters was prayed merely in aid of an application which was intended to be made to the house of lords, when it hould be in session, for relief there. The complainant in his bill, as well as the counsel on the argument of the demurrer, expressly disavowed any authority in the court cf chancery to reverse or alter the order or decree of the Louse of lords. And the lord chancellor himself appears to have thought he had no such right; for he directed that after the defendant had answered the bill, the complainant should not be permitted to proceed any further without the special leave of the court. If this court can 48 review, on new evidence, a decree affirmed in the court of dernier resort, it can also review a decree which has been reversed there; but I doubt the authority of the chancellor to do it in either case, unless that court has expressly reserved to him that right. If the facts in this case had been sufficient to authorize such a proceeding, a provision to that effect might have been inserted in the decree of affirmance. But if that decree was not in the way of this application, I think the facts in this case are not sufficient to authorize the filing of a bill of review. If the decision of this court, or that of the court of errors, had turned upon the question whether the note had or had not been paid, I presume the result would have been different, even on the facts as originally presented in the cause. The case turned wholly on the statute of limitations, which was considered by both courts as a legal bar to the suit, whether the note had been ever...
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- 189 x 246 x 29mm | 989g
- 04 Jul 2012
- Miami Fl, United States
- Illustrations, black and white