Roemer v. Simon

91 U.S. 149, 23 L. Ed. 267, 1875 U.S. LEXIS 1345

• Court: Supreme Court of the United States
• Decided: December 18, 1875
• Status: Published

Opinion

Mr. Chief Justice Waite

delivered the opinion of the court. i

It is clear, that, after an appeal in equity to this court, we cannot, upon motion, set aside a decree of the court below, and grant a rehearing. ' We can only affirm, reverse, or modify the ■decree appealed from, and that upon the hearing of the cause. No new evidence can be received here. Rév. Stat. sect. 698. The court below cannot grant a rehearing'after .the term at which the final decree was rendered. Equity Rule, 88. It would be useless to remand this cause, theféfore, as the term at which the decree was rendered has passed. If the term still continued, the proper practice would be to make application to the court below for a rehearing, and have that court send to us a request for a return of the record,' in order that it- : might proceed further with the cause. Should such á request' be made, we might, in a proper case and under proper restrictions, make the necessary order; but we cannot make such .an order on the application of the parties. The court below alone can make the request of us. The application of the parties must be addressed to that court, and not to us.

Motion denied.