Whitlock v. Martin

I do not agree with the views set forth in the majority opinion. A well-established, logical, and generally accepted rule of equity procedure is set at naught by this decision, and it is difficult to discern from the opinion the reasons therefor.

I am cognizant of the fact that a bill of review will only lie where there is error apparent on the record, or if, after final decree, new evidence is discovered. Weldon v. Callison, 119 W. Va. 306, 193 S. E. 441. But I do not regard the original and amended bills of complaint in the instant case as bills of review or bills in the nature of bills' of…