McMillan v. Wooley

Citations

• 6 Idaho 36
• 51 P. 1029
• 1898 Ida. LEXIS 18

Syllabus

<p>Rut, of Keview. — A bill of review will not lie to obtain a new trial, where the party seeking such relief has been guilty of any laches or blunders ■ by which he lost his rights in the original action.</p> <p>Same — What Must be Alleged. — In an equitable action commenced for the purpose of procuring a new trial of a former action, the complaint, designated in equity practice “bill of review” must affirmatively show that by reason- of fraud, mistake or surprise, against which the complainant could not, by the use of reasonable diligence, have protected himself against in the original action, by motion for new trial, by application to vacate or modify the judgment on the ground of mistake, inadvertence, surprise or excusable neglect, made within six months after the adjournment of the term at which the judgment was rendered, or by appeal, thus showing a necessity of resorting to equity.</p> <p>Same — Time Within Which it Must be Filed. — A bill of review must be filed within the time within which an appeal could be taken from the judgment sought to be reviewed.</p> <p>(Syllabus by the court.)</p>