Colvin v. Warford

Bartol, L, delivered the opinion of this court. The motion filed in this cause on the 30th day of November 1861, “to rescind and reform the decree,” passed therein, “and for a rehearing thereof,” although filed during the term at which the decree was passed, yet not being accompanied with any statement of reasons therefor, or of alleged errors in the decree, would properly be dismissed without further consideration, according to the counter-motion and suggestion of .the appellant, filed on the 20th day of January 1862. But certain papers have since been filed in support of the motion, purporting to be transcripts of certain proceedings had in the same cause, in the court from which the appeal came; which, it has been urged, on behalf of the appellees, furnish sufficient ground for rescinding the decree and ordering a rehearing. ²⁷⁵ (Decided April 4th, 1862.) We have carefully examined these transcripts, and are of opinion that they furnish no sufficient reason for disturbing the decree heretofore passed by this court. It appears from them that, on the 10th day of July 1860, before the order of the Circuit court was passed from which the appeal was taken, the appellees, who were the complainants below, filed a petition praying the Circuit court to issue a commission to take testimony in support of the allegations of the bill which had been denied by the answer; that the Circuit court had refused to grant the petition, but failed to pass any order to that effect;— and therefore, upon the appeal, the