Knobloch v. Mueller

Citations

• 123 Ill. 554
• 17 N.E. 696

Syllabus

<p>1. Chanobey—bill of review—upon what grounds it will lie—and of a bill as to newly discovered matters. The two grounds upon which a bill of review, or bill in the nature of a bill of review, will lie, are errors of law appearing on the face of the decree without further examination of facts, and new fact or facts discovered since the decree, which are material, and which it was impossible for the party to produce at the time the decree passed.</p> <p>. 2. Bills containing newly discovered matter are in the nature of original bills, in so far as such new matter presents an issuable fact, and therefore admitting an answer and the formation of an issue; but only so far as it relates to the truth and sufficiency of the alleged new matter, and. its admissibility, for the purpose of affecting and opening the original decree. The purpose of a bill of this character is to procure a reversal, alteration or explanation of the former decree. 0</p> <p>3. Same—requisites of a bill of review—the prayer. A bill of review should state the former bill, the proceedings thereon, and the decree rendered by the court, the grievance, under the decree, of the party presenting the bill, and the error of law or new matter discovered upon which it is sought to reverse,' re-open or impeach it. If the former decree has not been carried into execution, the prayer may simply be that the same may be reversed and set aside; if the former decree has been executed, that the decree be reversed, and the complainant be restored to his former condition or status. In bills in the nature of bills of review, instead of praying for the reversal of the former decree the prayer should be that the cause be reheard, in respect to and considering the new matter, at the same time it is reheard upon the original bill, etc.</p> <p>4. Same—decree by consent—whether it may be reviewed. A decree entered by consent can not be reversed, set aside or impeached by bill of review, or bill in the nature of a bill of revi