Wiggins v. Gray,
65 U.S. 303 (1860)

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U.S. Supreme Court

Wiggins v. Gray, 65 U.S. 24 How. 303 303 (1860)

Wiggins v. Gray

65 U.S. (24 How.) 303


The circuit court certified that it had divided in opinion upon a question whether a party bad a right to proceed summarily on motion to vacate a decree in that court.

The question certified is merely one of practice, to be governed by the rules prescribed by this Court and the established principles and usages of a chancery court. And even if a summary proceeding on motion might have been a legitimate mode of proceeding, yet the court, in its discretion, had a right to refuse and to order a plenary proceeding by bill and answer. The exercise of such a discretionary power by the court below cannot be revised in this Court upon appeal or certificate of division, and this Court therefore declines expressing any opinion on the question certified.

Page 65 U. S. 304

The question certified is stated in the opinion of the court.

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