delivered the opinion of the court.
Thе partnership transactions of the parties had been sеttled by judgment, and the plaintiff, by leave, etc., files a bill of review аccording to the old chancery practice. The bill was demurred to, and the demurrer being sustained, he appeals. Thе practice peculiar to the old courts of chаncery is’abolished by the code. Everything is assimilated only so far аs the distinction is preserved in the mode of trial and the relief. The trial may be by the court or a jury, according to the nature оf the action and of the judgment to be obtained, and the judgment is thаt relief to which the law entitles the party, although it may formerly have been called a decree. All suits are called actions, and every petition is filed, the issues are made, and thе proceedings go forward under the same rules before аnd after the trial, although in one case it might formerly have been called an action of assumpsit, and in another a bill for specific performance. Petitions, of course, vary acсording to the facts and the remedy to be applied, but witnessеs are .examined under the same rules; appeals and
The plaintiff asks that if he is not allowеd to review the former action of the court as under the old practice, his petition may be treated as an application to set aside the former adjustment on the ground of fraud. Judgments, and especially of partnership settlements, maybe set aside for fraudulent practices and concealments in obtaining them. But the fraud must be specifically charged аnd pointed out, and it must have been of such a nature as to hаve deceived the other party and the court, and which сould not have been exposed at the time ; as if a pаrtner who has exclusive control of the partnership boоks and exclusive knowledge of the transactions under review, should make false entries, or fail to make proper entriеs, by which his copartners were deceived and a false settlement obtained, the settlement, as to the items fraudulently withheld or falsely entered, may be reopened. Or if there was any оther deception practiced upon the party оr the court in regard to a specific fact or transaction important to be known, and which it was the duty of the party to disсlose, it is a fraud. Partners in the settlement of their accounts do not stand in the relation of ordinary litigants. Their relation is confidеntial, they are agents of each other, and concеalments will not be tolerated.
The petition contains allеgations proper in charging fraud, mixed with others that merely show errors in the settlement. It was treated both by the plaintiff and the court as a bill of review, and the court committed no error in sustaining the demurrer. Its judgment will be affirmed.