
    Martha Tomlinson et al. vs. Thomas Tomlinson, Sen., et al.
    
      Practice — Appeal—Rehearing.
    Appeal from a circuit decree, and, also, a petition for rehearing the same, \yliich could only be presented on circuit. As the hearing of the appeal would preclude the consideration of the petition, held, that the argument on the appeal should stand, until the petition could be presented on circuit.
    BEFORE DUNKIN, CH., AT CHESTERFIELD,
    FEBRUARY, 1858.
    An appeal was taken by the complainants from the circuit decree in this case, and they also filed a petition for a rehearing of the same. They now moved this Court to stay the argument of the appeal, until they could have an opportunity to present their petition on circuit.
    Inglis, for appellants.
    
      Mclver fy Moore, contra.
   The judgment of the Court was announced by

Johnston, Ch.

If the appeal be heard here, it will preclude the consideration of the petition upon circuit, where, according to the case of Simpson vs. Downs, petitions for the rehearing of a circuit decree should be presented, (and where they are to be determined without argument.)

The counsel of the appellants and petitioners have, therefore, moved that the argument of the appeal stand, to give them an opportunity for the presentation of their petition upon circuit.

The motion is hereby granted.

By order of the Court.

Dunkin and Wardlaw, CC., concurred.

Motion granted. 
      
      
         5 Rich. Eq. 422. See also, Smith vs. Hunt, 3 Rich. Eq. 540; Ex parte Vandermissen, 5 Rich. Eq. 519; Simpson vs. Watts, 6 Rich. Eq. 364.
     