Collins v. Rose

— Suit to review a judgment on two grounds:

1. Error of law appearing in the proceedings and judgment;

2. Material newly-discovered matter.

The complaint is in a single paragraph. There was no motion to separate it into two. Sec. 587 of the code enacts, that “ The complaint may he filed for any error of law appearing in the proceedings and judgment, or for material new matter, discovered since the rendition thereof, or for both causes,” etc.

Section 588 of the code of practice, 2 R. S. 1876, p. 249, is as follows: “ When the complaint for a review is filed for new matter discovered since the…