Southard v. Russell

THIS was an appeal from the Circuit Court of the United States for the District of Kentucky, sitting as a court of equity.

Being a continuation of the case of Russell v. Southard and others, reported in 12 Howard, 139, it is proper to take it up from the point where that report left it.

In 12 Howard, 159 it is said, 'After the opinion of the court was pronounced, a motion was made on behalf of the appellees for a rehearing and to remand the cause to the Circuit Court for further preparation and proof, upon the ground that new and material evidence had been discovered since the case was heard and decided in that court. Sundry affidavits were filed, showing the nature of the evidence which was said to have been discovered.'

The reporter abstained from stating the substance of these affidavits in consequence of the following order, which was indorsed upon them in the handwriting of Mr. Chief Justice Taney.