Hatcher's per. rep's v. Hatcher's Heirs

Citations

• 77 Va. 600
• 1883 Va. LEXIS 97

Syllabus

<p>1. Practice in Equity-Bills of reviezv.-Bill of review must exhibit the proceedings in the cause wherein was rendered the decree sought to be reviewed; and if the decree be final, must, of course, be filed within the statutory period. Code 1873, ch. 175, section 5.</p> <p>2. Idem-Idem-New matter.-When founded on new matter, bills of review can only be filed by leave of the court, and must be supported by affidavit satisfying the court that the new matter could not, by reasonable diligence, have been discovered or used before the decree was rendered, and that such matter is relevant and material, and such that, had it been before the court, would probably have occasioned a different decision.</p> <p>3. Idem-Idem-Case at bar.-The new matter here relied on as the foundation of the bill of review, held to be not only wholly irrelevant and immaterial, but also discoverable by ordinary diligence, if not actually known prior to the rendition of the decrees complained of.</p>