McGowan v. Elroy
District of Columbia Court of Appeals
HeaeiNg on an appeal by the complainants from a decree of the Supreme Court of the District of Columbia, dismissing a bill of review which sought the review of a decree in a suit for the cancelation of a deed of land alleged to have been procured by undue influence, upon the grounds of error appearing in the decree and for new matter arising subsequent thereto. The Coubt in the opinion stated the facts as follows: This is an appeal from a decree dismissing a bill of review.
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HeaeiNg on an appeal by the complainants from a decree of the Supreme Court of the District of Columbia, dismissing a bill of review which sought the review of a decree in a suit for the cancelation of a deed of land alleged to have been procured by undue influence, upon the grounds of error appearing in the decree and for new matter arising subsequent thereto. The Coubt in the opinion stated the facts as follows: This is an appeal from a decree dismissing a bill of review. The original bill was filed by the appellees, Ella Elroy, John H. Sims, and Annie Gill, against the appellants on April…
1Opinion of the CourtChief Justice Shepard
1. A bill of review lies either for errors of law appearing in the body of the decree, or for new matter arising or discovered after it has been rendered. Purcell v. Miner (Purcell v. Coleman) 4 Wall. 519, 521, 18 L. ed. 459, 460; Ballard v. Searls, 130 U. S. 50, 55, 32 L. ed. 846, 848, 9 Sup. Ct. Rep. 418.
It seems that, where the first ground only is relied on, the bill may be filed without obtaining leave; but, where the second ground is alleged, leave must be applied for and granted. And both grounds may be joined in one bill, in which case it can only be filed upon leave. Ricker v.…
2Cases cited5 opinions
- Southern Pacific Railroad v. United StatesSupreme Court of the United States · 1906
- Ricker v. PowellSupreme Court of the United States · 1879
- Walton v. WaltonNew York Court of Chancery · 1823
- Ballard v. SearlsSupreme Court of the United States · 1889
- Purcell v. MinerSupreme Court of the United States · 1867
3Cited by6 opinions
- Werner v. FrederickCourt of Appeals for the D.C. Circuit · 1937
- Willard J. Luff v. Ruth K. LuffCourt of Appeals for the D.C. Circuit · 1966
- Parks v. ParksCourt of Appeals for the D.C. Circuit · 1938
- Norris v. HarrisonCourt of Appeals for the D.C. Circuit · 1952
- Bonds v. SmithCourt of Appeals for the D.C. Circuit · 1944
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