Killion v. Killion

This is an appeal from a decree sustaining a demurrer to a pleading which, under the liberal construction given to pleadings, we find .to be a bill of review. The pleading is filed under the style of a cause in which a decree was rendered by the court at a former term, and the petitioners therein call themselves defendants and ask for a new trial of said original case. The pleading is, however, styled by the pleader as a “motion for a new trial and bill of review,” and prays that the former decree be set aside. It seeks to reverse the former decree upon the ground of newly discovered…