Vaughan v. Cutrer

Citations

• 49 Miss. 782

Syllabus

<p>1, OBAKCisry Couet — Binn ov Review_-A bill of review can only bo brought upon error in law appearing on the face pi the decree, without further examination of matters of fact \\ or upon sortie new matter Which has been discovered after the decree, and could not possibly have been used When the decree was made.</p> <p>2. Sasíe — -LeaVS os the Code®. — If the bill is died on the ground of new matter, discovered since the decree, it must be by Special léaVe of the court, first obtained for that purpose,</p> <p>'3, Rassíé — d3AM&— AEFiDAViT.^-LeaVe of the court can not be obtained to file a bill of review without au affidavit that the new matter could not be produced or used by the party claiming the benefit of it, in the original cause. The affidavit must also state the nature of the other new matter in order tliatthe court may Judge of its relevancy and materiality, it must generally be new matter to prove what was before in issue, not to mató a new ease, but to establish the old one. No persons except the parties and their privies in representation, such as heirs, executors and administrators, can have a bill of review, and none but those aggrieved by the decree can maintain the bill, A bill of review is in the nature of error, and it can not be said that the appellant is aggrieved, When it appears that she obtained in the original decree all that was sought in the original bill.</p>