Kennedy v. Emerald Coal & Coke Co.

Pearson, Vice-Chancellor:

The gist of the petition is that after the final decree was entered the petitioners discovered new evidence which they could not have discovered at the time of the hearing by the exercise of reasonable diligence ; and that if they are permitted to adduce that evidence at a rehearing, it will probably change the result of the case, so that they will obtain the relief previously denied them. The respondent opposes the filing of the bill of review.

After presenting the application, but before it was argued, petitioners (complainants) took an appeal to the Supreme Court…