In re Missouri-Kansas Pipe Line Co.

Layton, Chief Justice,

delivering the opinion of the court:

The sole question for decision, whatever may be the merits of the application, is whether the petition for leave to file a bill of review on the ground of after discovered evidence was properly addressed to this court.

The chief authorities in support of the rule that, after affirmance of decree in an appellate court, a bill of review can be sought only in that court, are cases in the Supreme Court of the United States and other federal courts. See collection of cases in 21 C. J. 737, note. This rule is based on the reasoning that the…