Hill v. Phelps
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the Eastern District of Arkansas. This is an appeal from an order which dismissed a bill of review upon demurrer.
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Appeal from the Circuit Court of the United States for the Eastern District of Arkansas. This is an appeal from an order which dismissed a bill of review upon demurrer. The bill was filed on April 20, 1898, and sought a modification of a decree of the court below' rendered on December 22, 1897. The material facts it set forth were these: On July 3, 1894, 3. M. Phelps and A. O. Phelps made their promissory note for $5,927.70 on account of a debt which they owed to the appellants. Afterwards A. O. Phelps made his individual note for this indebtedness, and induced the appellants, by false…
1Opinion of the Court
SANBORN, Circuit Judge,
after stating the case as above, delivered tbe opinion of the court.
The purpose of a bill of review is to obtain a reversal or modification of a final decree. There are but three grounds upon which such a bill can be sustained. They are (1) error of law apparent on the face of the decree and the pleadings and proceedings upon which it is based, exclusive of the evidence; (2) new matter which has arisen since the decree; and (3) newly-discovered evidence, which could not have been found and produced, by the use of reasonable diligence, before the decree was rendered. No…
2Cases cited18 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- WHITING v. the Bank of the United StatesSupreme Court of the United States · 1839
- Nesbit v. Riverside Independent DistrictSupreme Court of the United States · 1892
- Board of Com'rs v. PlattCourt of Appeals for the Eighth Circuit · 1897
- Buffington v. HarveySupreme Court of the United States · 1877
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3Cited by16 opinions
- Hodgson v. ApplegateSupreme Court of New Jersey · 1959
- Wallace v. FiskeCourt of Appeals for the Eighth Circuit · 1936
- Irvin v. Buick Motor Co.Court of Appeals for the Eighth Circuit · 1937
- Hagerott v. AdamsCourt of Appeals for the Eighth Circuit · 1932
- Brady v. BeamsCourt of Appeals for the Tenth Circuit · 1942
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