Elzas v. Elzas
Appellate Court of Illinois
Order Denying Leave to File a Bill of Review.—Appeal from the Circuit Court of Cook County: the Hon. Edmund W. Burke, Judge, presiding. ' Statement.—Appellee was divorced from appellant January 22, 1897, being awarded by the decree the custody of her child, and alimony and solicitor’s fees, which was on appeal affirmed by this court (72 Ill.
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Order Denying Leave to File a Bill of Review.—Appeal from the Circuit Court of Cook County: the Hon. Edmund W. Burke, Judge, presiding. ' Statement.—Appellee was divorced from appellant January 22, 1897, being awarded by the decree the custody of her child, and alimony and solicitor’s fees, which was on appeal affirmed by this court (72 Ill. App. 94), and also by the Supreme Court (171 Ill. 632). Before perfecting his appeal, appellant filed a petition in the Circuit Court, praying leave to file a bill of¡review to have said decree reviewed, reversed and set aside, and in support thereof also…
1Opinion of the Court
Mr. Presiding Justice
Windes delivered the opinion of the court.
We are of opinion the chancellor did not err in denying appellant’s petition.
To entitle a litigant to a bill of review on the ground of newly-discovered evidence, it must generally relate to a matter in issue on the trial, not to make a new case, but to establish the old one; it must not be cumulative merely, nor simply to impeach former testimony in the case. Story’s Eq. Pl., Sec. 413; 2 Barbour’s Ch. Pr. 92; Dexter v. Arnold, 5 Mason (C. C. U. S.), 303-13; Boyden v. Reed, 55 Ill. 458; Walker v. Douglass, 89 Ill. 425; Aholz v.…
2Cases cited7 opinions
- Johnson v. JohnsonIllinois Supreme Court · 1885
- Home Insurance & Banking Co. v. MyerIllinois Supreme Court · 1879
- Dexter v. ArnoldU.S. Circuit Court for the District of Rhode Island · 1829
- Craig v. SmithSupreme Court of the United States · 1879
- Boyden v. ReedIllinois Supreme Court · 1870
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