Page:Federal Reporter, 1st Series, Volume 5.djvu/209

 OIANX POWCEiB 00. V. CÀL. YIQOBIX FOWSïiB 00. 197 ���GtANT PowDEB Co. ». California Vigorit Powdee Co. and �others.* �(Circuit Court, D. CàUJorida. November 26; 1880.) ' �1. Equitt Pbactice— RBHfeABiNa. — An application for a rehearmg in court of original jurisdiction, after entry of a final decree, is not an �«aîjjorte proceeding. ■ ,' �-2. Bame— Samb.— If the petition for such rehearing be flled during the term, the court will retain jurisdiction over the case, and may subse- quently decide upon the application. �3. Bame— Samb. — A case was heard by a justice of the supreme court, �■whilst holding the circuit court for the district of Calif ornia, in the city of San Francisco, and a decree was entered dismissing the com- plainant's bill, HeXd, that complainant's petition for a rehearing could not thereaf ter be heard ex farte before the justice at Wash- ington. �4. Bamb— Bamb. — RM, furth&r, that the proper course of procedure for �the complainant, in such case, was to flle its petition with the clerk of the circuit court at San Francisco, and obtain from the court or circuit judge an order upon the defendants to show cause on the fol- lowing rule day, or some other day mentioned, why its prayer should not be granted ; whereupon the defendants could answer the petition, and upon such petition and answer the application for the rehearing could be heard. �6. Same— Samb. — IIeld,furt7ier, that as the circuit court in San Francisco would be held by the circuit judge, in the absence of the justice who heard the cause, that the latter would direct the clerk of the court to forward the petition and answer to him at Washington, açcompanied with such briefs as counsel might flle within a reasonable time to be allowed by the court ; and that the application would then be taken up and disposed of, and the judgment of the justice sent to the cir- cuit court and there entered. — [Ed. �In Equity. Petition for rehearing. �FiELD, C. J. This case was heard hy me whilst holding the circuit court in San Francisco, in the month of Septem- ber last, and was decided on the twelfth of October follow- ing. The decision was against the complainant, and a de- cree was entered dismissing the bill. The complainant's counsel now present to me at Washington a petition for a rehearing. �*See Giant Powder Co. ▼. Californta Vigorif Powder Co. 4 Fbd. Rep. 720. ����