Newberry v. Stuart

Citations

• 86 Va. 965
• 11 S.E. 880
• 1890 Va. LEXIS 70

Syllabus

<p>1. Chancery practice—Commissioner’s report—Interlocutory decree.—It is well settled that whether interlocutory decree confirming commissioner’s report shall be modified, or wholly set aside, or not, is generally a matter resting in the Chancellor’s discretion, to be exercised according to the particular circumstances of the case.</p> <p>2. Idem—Petition and affidavit.—When such decree has been rendered on the merits, application to rehear it in order to introduce new evidence must be made by petition and affidavit that the newly discovered evidence could not have been produced by reasonable diligence. Trevelyan v. Lofft, 83 Va., 141.</p> <p>3. Idem—Case at bar.—Here there was no absolute adjudication of the appellee’s claims until the decree complained of, and the above rule has no application.</p>