Barnes v. Dewey

Howe, J

The appellant, as plaintiff, commenced this *419action against the appellees, as defendants, in the court below, on the 21st day of August, 1875. Afterward, at the November term, 1875, the appellant filed an amended complaint in this suit, in and by which amended complaint the appellant sought to obtain a review, by the court below, of a former judgment of said court, “ for material new matter discovered since the rendition thereof.”

The case at bar was decided against the appellant, by the court below, upon the ground that her amended complaint did not state facts sufficient to constitute…