Marshall v. Nicolette Lumber Co.

Robinson, President:

The decree appealed from dismisses a hill of review. A thorough consideration of the record leads us to the conclusion that it is right. The alleged errors of law in the former decree are not found. The evidence alleged and submitted as newly discovered, by the use of reasonable diligence could have been submitted on the former hearing. Besides, it is merely cumulative to the previous evidence.

If there is error in the decree sought to be opened by the bill of review, it is purely one in the determination of the facts — an erroneous finding on the evidence. We do not say…