Simpkins v. Wilson

This was a proceeding under art. 28, 2 R. S., to review a judgment.

The judgment was rendered at the October term, 1853, and the complaint, praying a review thereof, was filed on the 19th day of September, 1855.

The statute permits such complaint to be filed within three years, for any error of law, &c., or for “material new matter discovered since the rendition” &c. 2 R. S. p. 165.

This complaint alleges the latter reason for a review, and it is required, should show “that the new matter could not have been discovered before judgment, by reasonable diligence.” Id. 166.

The complaint shows that…