Gilleylen v. Martin
Mississippi Supreme Court
From the chancery court of Monroe county. Hon. Baxter McFarland, Chancellor. There was a former appeal in this cause, the same being from the decree of court below sustaining a demurrer of the defendants based on the statute of limitations. That decree was reversed and the cause remanded.
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From the chancery court of Monroe county. Hon. Baxter McFarland, Chancellor. There was a former appeal in this cause, the same being from the decree of court below sustaining a demurrer of the defendants based on the statute of limitations. That decree was reversed and the cause remanded. Martin v. Gilleylen, 70 Miss., 324. The complainants then amended their bill, making it a bill of review pure and simple, by setting up only those errors apparent on the face of the record of the original cause. The defendants answered, and, on the hearing, the court sustained the bill of review, and set…
1Opinion of the CourtWhitfield, J.
The decree of October 3, 1894, is a final decree, from which an appeal may be prosecuted. This is settled in Denson v. Denson, 33 Miss., 563, the court saying: “There can be no doubt that it [an appeal] would lie to the decree dismissing the bill of review.” See, to same effect, Belt v. Davis, 1 Cal., 139; McCall v. Hitchcock, 7 Bush (Ky.), 616; Harvey v. Fink, 111 Ind., 249; 2 Enc. Pl. & Prac., p. 109.
In Cole v. Miller, 32 Miss., 101, the court say: “From these characteristics of a bill of review, it is evident that it does not constitute a part of the original cause, and, although it has…
2Cases cited9 opinions
- Cole v. MillerMississippi Supreme Court · 1856
- Belt v. DavisCalifornia Supreme Court · 1850
- Fox v. CoonMississippi Supreme Court · 1886
- Denson v. DensonMississippi Supreme Court · 1857
- Harvey v. FinkIndiana Supreme Court · 1887
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