Estate of Kachline

Citations

• 7 Pa. Super. 163
• 1898 Pa. Super. LEXIS 261

Syllabus

<p>Practice, O. C. — Petition—Bill of review — Weight given to answer.</p> <p>In a proceeding by bill to review an adjudication, the answer being responsive, the burden is upon the petitioner to overcome it by the satisfactory testimony of two opposing witnesses, or one witness corroborated by other circumstances and facts which would give it greater weight than the answer or be equivalent in weight to a second witness.</p> <p>Practice, O. G. — Bill of review — Discretion of court — Laches.</p> <p>A bill of review can only be had as a matter of right in two cases: First, for error of law appearing on the face of the record; second, for new matter which has arisen after the decree. It may also be allowed ex gratia for new proofs discovered after the decree, which by reasonable diligence could not have been produced or used before the decree was made. In an application, therefore, addressed to the sound discretion of the court, unreasonable delay without excuse is a circumstance which cannot be ignored and will induce the court to require strict proof of the facts necessary to give jurisdiction.</p>