Majority
p. 48Travis and others against Waters. May 18th. moved for a rehearing on a decree of last October, for costs, on the usual certificate of counsel, and on an affidavit stating the grounds of the alleged grievance and error; that costs of an action of ejectment, at law, had been allowed, though not asked for on the argument of the cause; and that costs which had accrued before the death of the testator, had also been allowed, though his personal representatives were not before the court in their representative character.
Headnote
A rehearing vests in the discretion of the couvt, and is not gvanted on a electee fot costs only, unless under special circumstances.RIGGS, for the defendant,
p. 49contended that a rehearing rested in the discretion of the court, and was not of course ; (3 P. Wms. 8. Amb. 91. 1 Har. Ch. Pr. 647—652.;) and that it is not granted on a decree for costs merely. (Dickens’ Rep. 594. 1 Bro. C. C. 141: n.)
Henry, contra,
The general rule is as stated by the counsel for the plaintiffs ; but a rehearing is usually granted, if there be colourable ground for the application. Even in cases of decrees for costs only, there are exceptions to the general rule ; and it is so admitted in one of the cases referred to. The facts alleged- in the petition for a rehearing, in this case, are such as to render it proper and expedient that the case should he reconsidered.
Motion granted.