3 A.2d 917 | Pa. | 1939
On October 1, 1929, appellant was demoted from the position of captain of police to that of patrolman by the director of public safety. Appellant asked reinstatement to his former position, by a writ of alternative mandamus filed July 12, 1932. On May 15, 1934, after hearing, the court below entered judgment for defendant on the basis of the decision of this Court in McCoach v. City of Philadelphia,
There seems to be some confusion as to the nature and extent of a bill of review, and other proceedings to review judgments or decrees that have the form of finality, because of mistakes or fraud. If appellant's position were sustained, there would be scarcely any finality to judicial decrees or judgments. The law of the case, property rights founded on such decrees or judgments, and other matters too numerous to mention would lose all their basic characteristics.
A bill of review is a proceeding in equity, in the nature of a new suit to set aside or reëxamine the final decree for error of law apparent in the decree itself, or for new matter or after discovered evidence which would require a different result. See Dennison v. Goehring,
But a bill of review is not available to set aside or strike off a judgment at law. In Given's Appeal,
Even if the Court were to regard the present bill as a motion or rule to open or strike off the judgment, since it is entered at the term and number of the original suit, appellant would be barred by the term rule which prevails in courts of law. After the term in which an adversary judgment is entered, proceedings to open or strike off are addressed to the equitable powers of the court and will be allowed only in exceptional cases. SeeFisher v. Hestonville, etc., Pass. Ry. Co.,
The present proceeding is based on an error of substantive law in the judgment of the court below, and it has been expressly held that a court, at a subsequent term, cannot set aside a judgment duly rendered for such error: Betts v. Y. M.C. A.,
It is well settled that a change in the substantive rule of law upon which a former decree was based does not create "an error of law apparent on the face" of that decree, or "new matter" justifying relief by bill of review. See Scotten v.Littlefield,
Reamer's Est.,
Judgment affirmed.