The following excerpt is from Giant Powder Co. v. California Vigorit Powder Co., 5 F. 197 (U.S. Cir. Ct., D. Cal. 1880):
The course of procedure for the complainant, therefore, is to file its petition with the clerk of the circuit court at San Francisco, and obtain from the court or circuit judge an order upon the defendants to show cause on the following rule day, or some other day mentioned, why its prayer should not be granted. The defendants can then answer the petition, and upon the petition and answer the application can be heard. A rehearing should not be granted for newly-discovered evidence where the evidence could have been obtained by reasonable diligence on the first hearing, nor when it is merely cumulative to that previously received, nor when, if presented, it would not have changed the result. And as to errors of law, they should be such as are clearly shown by considerations not previously presented. A new hearing should not be had simply to allow a rehash of old arguments. The proper remedy for errors of the court on points argued in the first [5 F. 202] hearing is to be sought by appeal, when the decree is one which can reviewed by an appellate tribunal. See Tufts v. Tufts, supra.
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