Robertson v. Ætna Ins.

Three of us are of the opinion that the decree of the court below is erroneous and should be reversed; this cannot be done, however, unless a majority should concur therein; consequently, the decree must be affirmed.

*408In order to more clearly state the views of myself and the two of my Associates who concur therein, I will restate the case as made by the record. This cause does not arise on an original bill, but on a petition filed in the cause in which the decree sought to be reopened was rendered. As that was a cause in equity I presume that the power which the court below could here exercise…