Roemer v. Simon
91 U.S. 149

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U.S. Supreme Court

Roemer v. Simon, 91 U.S. 149 (1875)

Roemer v. Simon

91 U.S. 149

Syllabus

1. This Court cannot, after an appeal in equity, receive new evidence; nor can it upon motion set aside a decree of the court below and grant a rehearing.

2. The court below can grant a rehearing during the term at which the final decree was rendered, but not thereafter, and an application therefor must be addressed to that court.

3. Should the court below, after the record has been filed here, request a return thereof for the purpose of further proceedings in the cause, this Court would, in a proper case and under suitable restrictions, make the necessary order.

On motion. The bill filed in this case was for an alleged infringement of letters patent, No. 56,801, granted to the appellant, bearing date July 31, 1866, for improvements in traveling bags, and prayed for an account and an injunction.

Upon a final hearing, a decree was rendered at the March Term of said circuit court, 1874, dismissing the bill.

Page 91 U. S. 150

Mr. Thomas Marshall presented the petition and affidavit of the appellant, stating in substance that new and material evidence, previously unknown to him, had been discovered since the appeal herein. The affidavits of sundry persons, setting forth as well the nature of the evidence as the matters thereby established, were attached to the petition. He thereupon moved that leave be granted the appellant to give to the appellees the requisite notice of a further motion for a rule requiring them to show cause why this Court should not remit the record to the court below for a rehearing of the cause.

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