Same v. Same

Syllabus

Same v. Same. A bill of review will not be granted either where the party could by an attentive examination of the exhibits, attached to the bill in the original case, have discovered what he relies on as newly discovered matter, and has thus been guilty of laches; or where the court is satisfied that upon the case offered to be made out, the decree ought to be the same as has been already given. On motion of Mr. Gushing, for the appellant, to stay the mandate and for leave to file a bill of review; Mr. W. E. Gurtis opposing the application.