Cleveland v. Cleveland

This is an appeal from a decree of the circuit court, in equity, sustaining a demurrer to an original bill filed in that court.

The bill is in the nature of a bill of review, as authorized by Equity Rule 66, Code 1940, Tit. 7, Appendix. It was filed more than thirty days after a final judgment by default was rendered. It is based upon? an alleged accident or mistake such as is. mentioned in the four months statute, section 279, Title 7, Code, or that the complaint does not state a cause of action. As to the latter claim, we observe that if the complaint does not state a cause of action,…