Legal Opinion

Boyden v. Reed

Illinois Supreme Court

Decided September 15, 1870PublishedCited by 20 opinions

Appeal from the Circuit Court of Putnam county; the Hon. S. L. Richmond, Judge, presiding. This was a proceeding in chancery, commenced in the circuit court of Bureau county, to set aside a decree rendered in that court, in 1855, on the ground that the decree was obtained by fraud, and taken by change of venue to Putnam county. The opinion contains a sufficient statement of the case.

1Opinion of the CourtJustice Scott

The bill in this case may properly be said to possess a twofold nature. The appellee insists, that it is purely an original bill to impeach a former decree on the ground of fraud, and the appellants insist, that it is a bill in the nature of a bill of review, on the ground of newly discovered evidence. Some of the elements common to. both classes of bills may be found combined in the present one.

A bill of review may be brought upon the discovery of new matter, but it must be relevant and material, and such as, if known, would probably have produced a different determination from that reached…

2Cases cited6 opinions

  1. Webster v. ReidSupreme Court of the United States · 1851
  2. Rae v. HulbertIllinois Supreme Court · 1856
  3. Smith v. LowryNew York Court of Chancery · 1814
  4. Livingston v. HubbsNew York Court of Chancery · 1817
  5. Reed v. KempIllinois Supreme Court · 1855

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3Cited by20 opinions

  1. Bushnell v. CooperIllinois Supreme Court · 1919
  2. Chicago Title and Trust Co. v. DarleyIllinois Supreme Court · 1936
  3. Gould v. SternbergIllinois Supreme Court · 1889
  4. Elzas v. ElzasIllinois Supreme Court · 1899
  5. Adamski v. WieczorekIllinois Supreme Court · 1897

15 more not listed; retrieve them via the Exa API.

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