Bascom v. Bascom
Bascom v. Bascom
Opinion of the Court
delivered the opinion of the court:
The statute of March 1, 1834 (vol. xxxi, 38) declares that all proceedings under the acts concerning marriages and divorces -shall be as in chanceryl Under this law it is claimed that all the incidents of a suit in chancery attach to these proceedings, and .among others the right of review.
It seems plain to us that such could not have been the intention. ,-of the legislature. Where a divorce is granted, upon which one -of the parties contracts new relations, and a third party acquires eights, it can not be that a process could be had to reverse a de
But the different modes of proof between suits in chancery and petitions for divorce show that a bill of review is inapplicable. The former, where all the testimony is in writing, can be presented to the same or to a different tribunal in the same light, and with the same advantages of judgment, as at first. The latter depending more or less upon oral testimony given at ^the hearing, can not possibly preserve its original aspect upon a second hearing. All the reasons that render a decision upon-facts by a jury conclusive between the parties, unite in requiring' that the decision of a court, upon facts, on the hearing of a peti-tion for divorce, should be final, and stand beyond the reach of judicial revision. The demurrer is sustained.
Reference
- Full Case Name
- Linus Bascom v. Clarissa Bascom
- Cited By
- 2 cases
- Status
- Published