55 W. Va. 1 | W. Va. | 1904
This case involves the correctness of a decree of the circuit court of Wetzel county in refusing a, Lftll <jf review" presented
There is another reason why the bill of review cannot avail Cassie C. Nuzum. When McEldowney filed his answer to Cassie C. Nuzum’s original bill he filed a copy of the sheriff’s affidavit as it appeared in the auditor’s office. That told her that there was a difference between it and the affidavit in the clerk’s office. This was long before she filed her answer or cross bill in the case of the State against her. She should have put that matter in her answer, as she was advised of it, and cannot say it was newly discovered since the decree, and could not have been sooner discovered by due diligence. The State knew it also.
We must affirm the decree of June 6, 1903, rejecting the bill of review.
ILf/irmed.