6 Pa. 402 | Pa. | 1847
This cause was commenced in the District Court for the county of Allegheny, on its equity side, by bill filed by Jacob Goehring and wife against Samuel Dennison, setting out a trust created for the benefit of the wife, and praying a decree for an account. A final decree having been pronounced, in accordance with the prayer of the .complainant, the defendant, Dennison, by virtue of the statutes giving an appeal from decrees in equity made by the Common Pleas and District Courts, appealed to this court, and, after a rehearing here, the decree of the court below was affirmed, at the September Term, 1845; and the record, with the decree of affirmance, remitted to the proper pourt, to be executed, in pursuance of the 11th section of the act of the 16th June, 1836. After-wards, the defendant brought his bill of review in the District Court to reverse the original decree, for alleged error in law appearing in the body of the decree, and a demurrer setting forth the former-decree of affirmance by this court. The court dismissed the defendant’s bill of review; from which decree of dismissal this appeal is taken. Thus, the only question presented for determination is, whether a bill of review for errors on the face of the record can be entertained by an inferior tribunal, after the final decree of this court on appeal, affirming the decree appealed from. A bill of review is in the nature of a writ of error; and its object is the examination and reversal of a decree made on a former bill, signed and enrolled. It may be admitted either for error of law, appearing in the decree itself, without further examination of matter of fact; or because of some new matter, dehors the record, which has
Decree dismissing the bill of review affirmed.'