31 N.J. Eq. 586 | New York Court of Chancery | 1879
The Yice-Chaíícellor.
This case is again before this court. When heard here originally, the complainant’s bill was dismissed as to both defendants (8 Stew. 174). Erom that judgment the complainant appealed, and the appellate tribunal reversed it as to the defendant Sigmund Dringer, and affirmed it as to the other defendant (3 Stew. 891). Since then a decree has been made in this court against Dringer, in conformity to the judgment of the court of last resort. Dringer now applies for leave to file a bill of review, for the purpose of having this court review the decree entered here upon the remittitur from the higher court. His application rests upon two grounds—fraud in the procurement of the judgment against him, and newly-discovered evidence.
But the petitioner does not seek to attack the judgment in question by an original bill. He asks leave to proceed
On the argument, King v. Ruckman, 7 C. E. Gr. 551, was referred to as tending in its result, if not by its argument, to give countenance to the opposite view. I do not think it is possible so to understand it, On the contrary, I understand that case to declare two propositions very plainly: Eirst, that a case once decided in a court of last resort is, as between the parties, conclusively and forever decided;
The case presents merely a question of method. The petitioner asks this court to review, by means of a bill of
The petition must be dismissed, with costs.