Scotten v. Littlefield, 235 U.S. 407 (1914)

Scotten v. Littlefield

No. 439

Motion to dismiss or affirm submitted October 13, 1914
Decided December 14, 1914
235 U.S. 407

APPEAL FROM CIRCUIT COURT OF APPEALS

FOR THE SECOND CIRCUIT

Syllabus

Bills of review are on two grounds: first, error of law apparent on the face of the record without further examination of matter of fact; second, new facts discovered since the decree, which should materially affect the decree and probably induce a different result.

An aspect of the claim involved cannot be held back when the case is presented to the court and later made the subject of a bill of review. Although the decision of the district court which determined the case sought to be reviewed is alleged to have been decided upon principles inconsistent with a subsequent decision by this Court, the subsequent decision will not lay the foundation for a bill of review for errors of law apparent, or for new matter in pais discovered since the decree and requiring a different result.

213 F. 705 affirmed.

The facts, which involve the principles of law upon which bills of review are granted and their application to this case, are stated in the opinion.