Barnett & Co. v. Smith & Co.

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Barnett & Co. v. Smith & Co., Call Vol. V 98 (1804),[1] was a case involving whether new matters discovered after a judgment are admissible on appeal.


Barnett & Co. filed an appeal in the High Court of Chancery regarding a suit brought by Smith & Co. The petition alleged, among other things, that new matters were discovered concerning original case after the judgment was made. Smith & Co. denied the new allegations in their answer and argued that the merits of the case had already been decided.

The Court's Decision

Chancellor Wythe dismissed the case with costs. The Court of Appeals determined there were instances when new allegations could be heard on appeal. However, the court ultimately affirmed the Chancellor’s decision.

See also


  1. Daniel Call, Reports of Cases Argued and Adjudged in the Court of Appeals in Virginia, (Richmond: R. I. Smith, 1833), 98.