Hill v. Bowyer
Supreme Court of Virginia
In January, 1851, James M. Bowyer and Ruth J., his wife, filed their bill in the Circuit Court of Albemarle county, in which they set out, that Achilles Wood, the father of the female plaintiff, departed this life about the year 1833, having- made a will, which was duly admitted *to probate in the county court of • Albemarle. That he left a widow and two infant daughters; the female plaintiff and Rhoda, who mariied George Hill.
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In January, 1851, James M. Bowyer and Ruth J., his wife, filed their bill in the Circuit Court of Albemarle county, in which they set out, that Achilles Wood, the father of the female plaintiff, departed this life about the year 1833, having- made a will, which was duly admitted *to probate in the county court of • Albemarle. That he left a widow and two infant daughters; the female plaintiff and Rhoda, who mariied George Hill. That he provided that the estate might be kept together, unless the widow married again; but in that event, or whenever the executor thought best, it was to be…
1Opinion of the CourtJoynes, J.
The petition presented by Hiram Hill at the fall term, 1854, is spoken of in the bill in this case, and in the printed arguments, as a bill of review. But it was not a bill of review, either in form or in substance. It did not allege either error of law apparent on the record, or newly discovered evidence, which are alone the proper grounds of a bill of review. It was a petition to open the original decree, which had been rendered without an appearance by the petitioner, and alleged accident and surprise as the grounds of it. Such a proceeding may be either by petition, as in Kemp v. Squire,…
2Cited by22 opinions
- Marling v. RobrechtWest Virginia Supreme Court · 1878
- Sturm v. FlemingWest Virginia Supreme Court · 1883
- Kendrick v. WhitneySupreme Court of Virginia · 1877
- Watson v. WiggintonWest Virginia Supreme Court · 1886
- Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
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