Page:Federal Reporter, 1st Series, Volume 5.djvu/212

 200 FEDERAL REPORTBB. �af ter judgment îa entered, unless some memtor of the court who concurred in the judgment afterwarJs doubts the cor- rectness of his opinion, and desires a further argument on the subject. And, ■when that happens, the court will, of its own accord, apprise the counsel of its wishes, and designate the pointa on which it desires to hear them." �According to the practice in the supreme court, if the court does not, of its own motion, desire a rehearing of a case deoided, counsel are at liberty to submit without argu- ment a brief petition or suggestion of the points upon which a rehearing is desired. If, then, any jndge who concurred in the decision thinks proper to move for a rehearing, the motion is considered by the court; otherwîse, the petition is denied, of course. Public Schools v. Wallace, 9 Wall. 604. �A similar course of procedure would be appropriate in any appellate tribunal. To allow an argument upon such a peti- tion would lead, in a majority of cases, to a mere repetition, with more or less fullness, of the points presented on the original hearing, and cause infinite delays to the prejudice of other suitors before the court. �There is another observation to be made upon rehearings in equity after a final decree in courts of original jurisdiction. The practice in this country and that which formerly pre- vailed in England are essentially different. According to the practice in the Bnglish courts, a rehearing previous to the enrollment of the decree, when the petition was approved by the certificate of two counsel, was granted almost as a matter of course. Eepeated rehearings in the same cause were not uncommon, and the consequent delays and expenses from this practice were so great as to lead to the interposition of parliment for its correction. This subject is mentioned by Chief Justice Taney in his opinion in the case in Howard. There, when a case was decided, memoranda for the decree were entered in the minutes of the court; in some instances the final decree was thus entered; but the decree waa not considered as strictly a record until it was engrossed, signed, and entered at length in the rolls of the court. Between the time of the'decision and the entery of memoranda for the decree, ����