rehearing

Rehearings are never granted where a final decree has been entered and the mandate sent down, unless the application is made at the same term, except in cases of fraud.

In Appellate Practice. A second consideration, on further argument, g^ven to a cause after decision. In Chancery Practice. A retrial of the issues; a new trial. See "New Trial." whom a thing is demanded (ii unde petitur). Heinec. Elem. Jur. Civ. lib. 3, tit. 17, § 841. Defendants.

In a general sense, parties to an action; litigating parties (ii quorum de re disceptaiur), including both the actor and the reus proper. Id. Parties to a contract. Id. REI INTERVENTUS (Lat.) When a party is imperfectly bound in an obligation, he may, in general, annul such imperfect obligation; but when he has permitted the opposite party to act as if his obligation or agreement were complete, such things have intervened as to deprive him of the right to rescind such obligation.. These circumstances are the rei interventus. 1 Bell, Comm. (5th Ed.) 328, 329; Burton, Man. Scot. 128. REI TURPIS NULLUM MANDATUM est. A mandate of an illegal thing is void Dig. 17. 1. 6. 3. REIF (Scotch; from Saxon reaf).

In old Scotch law. Robbery. Skene ad Leg. Alexandri R. c. 2, par. 2; Cowell.

A second consideration which the court gave to a cause on a second argument. In England a case heard by the Chancellor on appeal from the Master of the Rolls, etc., is a rehearing; Emerson v. Davies, 1 W. & M. 21, Fed. Cas. No. 4,437. A rehearing cannot be granted by the supreme court after the record has been remitted to the court below; Browder v. Mc- Arthur, 7 Wheat. (U. S.) 58, 5 L. Ed. 397. * Where any judge, who concurred in the decision, thinks proper to have a rehearing, the motion for one will be considered, otherwise it will be denied as of course; Brooks v. Baynolds, 59 Fed. 923, 8 C. C. A. 370, 16 U. S. App. 713. Where the grounds for a rehearing were not brought to the attention of the court at the argument or by brief, permission to reargue will be granted only in extreme cases; U. S. v. Ilall, 63 Fed. 472, 11 C. C. A. 294, 21 U. S. App. 426; and not where the questions have already been fully considered; Imperial Life Ins. Co. v..Newcomb, 63 Fed. 560, 11 C. C. A. 340, 27 U. S. App. 290; and not when the ground was not overlooked at the former trial; Clark v. Five Hundred and Five Thousand Feet of Lumber, 70 Fed. 1020, 17 C. C. A. 555, 34 U. S. App. 45. That a judgment of affirmance was by an equal decision of the judges merely, affords no ground for granting a rehearing; People v. New York, 25 Wend. (N. Y.) 256, 35 Am. Dec. 669. See Precedent. The practice in the federal courts is to file a petition for a rehearing which, with the argument in its support, is submitted, without oral argument, for the consideration of the court. When a motion for a new trial of an action at law and a petition for rehearing have been denied, equi ty will not entertain a bill to set the judgment aside on the same grounds alleged in the motion and petition; Hendrickson v. Bradley, 85 Fed. 508, 29 C. C. A. 303. The refusal of the circuit court to grant a rehearing is not the subject of review; Hardin v. Boyd, 113 U. S. 756, 5 Sup. Ct. 773, 28 L. Ed. 1141. Courts, esi>ecially in cases of general interest, order a reargument where they are in doubt or where the case was not argued before a full bench. In Taylor v. Young, 71 Pa. 81, eminent counsel not connected with the cause petitioned the court for a reargument on the ground that the judgment was not well considered and that it would unsettle titles to real estate. A reargument was When the merits have been decided on appeal, the circuit court cannot without leave of the supreme court grant a new trial, rehearing or review or hear new defences by amendment to the answer; In re Potts, 16G U. S. 2G3, 17 Sup. Ct. 520, 41 L. Ed. 994. After the mandate has gone down to the lower court, an application for a rehearing must be made in the appellate court.. See Bill of Review.

A second hearing; repetition of the judicial consideration of a cause. Hearing is applied to the consideration by an equity judge of the merits of the cause; to the consideration by an appellate court of an appeal or writ of error; and to the consideration by a judge or magistrate on a motion, petition, or special proceeding. A rehearing is had to correct errors that may have occurred before, or do justice better. When a party seeks to have a decree of the court of chancery reversed or altered, he may petition for a rehearing; that is, for the cause to be heard again. Such rehearing is usually had before the same judge that previously heard the case. It is obtained upon a petition to the lord chancellor, accompanied with the certificate of two counsel, one of whom, at least, must have been engaged on the occasion of the former hearing; and the usual ground of it is that there has been an oversight on the part of the judge, resulting in a miscarriage of justice. The certificate is, however, in the most general form, merely stating that the cause is a proper one to be reheard. In case the rehearing is that of an order made on motion, then no certificate of counsel is required, and neither is any petition of appeal necessary, but counsel merely moves the court of appeal on motion with notice. Brown. A rehearing is a hearing again of a matter which has been decided by a judge in chancery; either by the same judge or his successor, or by the lord chancellor or the lords justices. In the latter case, the hearing is spoken of as a hearing on appeal; but in strictness it is a rehearing, being a hearing in the same court of chancery. (3 Bl. Com. 453; 3 Steph. Com. 603; Goldsmith Eq. Pt. III. ch. 17; Hunt Eq. Pt. II. ch. 9.) By the judicature act, 1875, sched. 1, ord. 56, rule 2, all appeals to the court of appeal shall be by way of rehearing, and shall be brought by notice of motion in a summary way; and no petition, case, or other formal proceeding other than such notice of motion shall be necessary. Mozley & W.