Home St. Ry. Co. v. City of Lincoln

Citations

• 162 F. 133
• 89 C.C.A. 133
• 1908 U.S. App. LEXIS 4432

Syllabus

<p>1. Equity — Decree—Estoppel to Review.</p> <p>A complainant who causes a decree in his favor to he executed according to a possible interpretation of it, accepts the benefits thereof, and acquiesces therein for six years, disentitles himself to call in question the correctness of the decree or the interpretation so pnt upon it.</p> <p>2. Same — Correction After Term.</p> <p>A Circuit Court of the United States is without authority to correct a judicial error in one of its decrees upon simple motion or petition after the term at which the decree was entered.</p> <p>[Ed. Note. — For eases in point, see Cent. Dig. vol. 19, Equity, § 1025.]</p> <p>3. Same — P,ili, of Review — Time for Bringing.</p> <p>A bill of review for error of law apparent on the face of the record may be brought after the term at which the decree sought to be corrected was entered, but uot after tbe lime allowed by statute for taking an appeal therefrom.</p> <p>LEd. Note. — For cases in point, see Cent. Dig. vol. 19, Equity, §§ 1101-.1100.]</p> <p>4. Same — Bill of Review — Process.</p> <p>A bill of review is not considered as a continuance of the former bill, but as in Hie nature of an original bill, and an appearance thereto is enforced in the same manner as to an original bill.</p> <p>5. Sam» — Modification upon Biel of Review Without Issuance of Process or Appearance of Defendants is Votd.</p> <p>Where no process is issued on a bill of review, and the defendants do not waive process by appearance or otherwise, a decree rendered thereon, which so alters the decree sought to be corrected as to give it ail effect against die defendants which it did not have before, is wholly unauthorized and void.</p> <p>(Syllabus by the Court.)</p>