Mineral Development Co. v. Kentucky Coal Lands Co.
District Court, E.D. Kentucky
In Equity. Suit by the Mineral Development Company against the Kentucky Coal Lands Company. On defendant’s motion' to dismiss.
1Opinion of the Court
COCHRAN, District Judge.
This cause is before me on defendant’s motion to dismiss.
[1] The plaintiff would have the bill herein treated as a bill of review. It cannot be so treated. A bill of review relates to a decree in equity, not to a judgment at law. The bill here relates to a judgment at law, not to a decree in equity. It follows from this that .the plaintiff, before filing it, did not have to apply to the appellate court for leave to so do. This is the case only as to bills of review, and the bill here is not a bill of review. This is not the case as to a bill relating to a judgment at…
2Cases cited5 opinions
- Marine Ins. Co. of Alexandria v. HodgsonSupreme Court of the United States · 1813
- Suydam v. WilliamsonSupreme Court of the United States · 1861
- Whitcomb v. ShultzCourt of Appeals for the Second Circuit · 1915
- Swift Coal & Timber Co. v. SturgillCourt of Appeals of Kentucky · 1920
- Mineral Development Co. v. Kentucky Coal Lands Co.Court of Appeals for the Sixth Circuit · 1918
3Cited by2 opinions
- Needham v. United StatesCourt of Appeals for the Seventh Circuit · 1937
- Mineral Development Co. v. Kentucky Coal Lands Co.Court of Appeals for the Sixth Circuit · 1924