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296 HIGH COURT OF CHANCERY. protracted., and expensive litigation, which is- not without its weight. It was observed in the opinion delivered in April last, that the exemption taken by the defendant, to the jtinsdic,tion of the court, was seriously felt, and an intimation; was thrown out that if this exception had been presented at an earlier stage of the cause, Had before it had, at great expense, been brought to a bearing upon the merits, it might' have met with a different re- ception. ' . Now, this objection still stands, and the weight of it is still felt, and I entertain a grave doubt, whether, considering it in this light, it would be proper to recommence the litigation and subject the parties to further and indefinite accumulation costs. It was one thing to say, that after a heavy expense been incurred in preparing the cause for trial upon the merits, and when the record up to the moment of the argument dis- closed no objection to the jurisdiction of the court; but on the contrary, contained proceedings which presupposed to acqui- escence in the jurisdiction, that an objection to the jurisdiction thus taken should not prevail, and another and a very different thing start the parties afresh in search of new proofs and upon a new course of litigation, involving necessarily additional and heavy expense. I overruled the objetion to the jurisdiction, upon the special circumstances of the case, and certainly, in part because it seemed to me inequitable at that stage of the cause to turn the plaintiff round to his, action at law, which I saw must be fruitless; but"! am very far from being so clear, with reference to the power of the" court to grant the relief prayed by this bill, as to feel justified in taking a step which must be productive of further expose and delay. ; .The rule as we have seen, is, that leave to file a bill of review may be refused, although the facts,"if admitted, would change the decree, where, the court, looking to all the circumstances,. deems it productive of mischief to innocent parties of any other cause un advisable. The doubt I entertains to the ju- risdiction of the court, does, in my opinion, render unadvisa- ble to put this cause in a new course of litigation, indent duration and in expense, for it cannot be doubted, that |
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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
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