Middleton v. Selby
West Virginia Supreme Court
Appeal from and supersedeas to three decrees of the circuit court of the county of Randolph, rendered respectively on the 25th day of April, 1874, on the 27th day of October, 1874, and on the 29th day of April, 1876, in a cause in said court then pending, wherein Henry C. Middleton was plaintiff, and Thomas Selby was defendant, allowed upon the petition of the said Selby. Hon. John Brannon, judge of the sixth judicial circuit, rendered the decrees appealed from.
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Appeal from and supersedeas to three decrees of the circuit court of the county of Randolph, rendered respectively on the 25th day of April, 1874, on the 27th day of October, 1874, and on the 29th day of April, 1876, in a cause in said court then pending, wherein Henry C. Middleton was plaintiff, and Thomas Selby was defendant, allowed upon the petition of the said Selby. Hon. John Brannon, judge of the sixth judicial circuit, rendered the decrees appealed from. Patton, Judge, furnishes the following statement of the case : Henry C. Middleton instituted a suit in chancery in the circuit court…
1Judgment of the CourtPatton, Judge
The appeal in this cause not having been allowed until the 8th day of July, 1880, no notice can be taken of any error, if any existed, in the decrees of the 25th day of April, 1874 and the 27th day of October, 1874, as more than five years had *172elapsed from the time those decrees were pronounced, when the appeal was allowed, except so far as such error may be considered upon the bill of review filed in the cause. (Acts of 1872-3, ch. 17, §3). A bill of review can be filed for only two reasons, error in law appearing on the face of the decree or some new matter, which has arisen in time after…
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