Jenkins v. Eldredge

STORY, Circuit Justice.

The application in the present ease is of an unusual nature; at least, in the form, in which it is presented by the prayer of the petition. The petition asks for a rehearing of the cause, and also for leave to file a bill in the nature of a bill of review, for the purpose of bringing new evidence before the court. It is very clear, that a bill, in the nature of a bill of review, is not the appropriate remedy for such a purpose, in the present stage of this cause; for such a bill lies only after a final decree, and not upon an interlocutory decree, like the present,…