McGowan v. Elroy

Citations

• 28 App. D.C. 84
• 1906 U.S. App. LEXIS 5219

Syllabus

<p>Appeal; CebtioRAei; Transcripts; Bills of Review.</p> <p>1. Ordinarily motions for certiorari to complete the record in this court are granted without examination of the transcripts on file, where application is made and sworn to as required by the rules; hut, where the matter sought to he brought up would add immensely to the record, and necessitate great expense, the court will look into the transcript of the record to ascertain whether or not there is reasonable ground for granting the motion.</p> <p>2. A bill of review is founded on some error that is apparent from the pleadings and decree, and does not go into the evidence at large in order to establish an objection to the decree, founded on any supposed mistake of the court in its deductions from the evidence. (Citing AdriaansY. Reilly, 27 App. D. C. 167.) Accordingly, on an appeal from a decree dismissing a bill of review, a motion to compel the bringing up and adding to the record the evidence taken in the court below should be denied.</p>