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111 U.S. 776

4 S. Ct. 700

Nickle v. Stewart

Supreme Court of the United States

Argued April 17th, 1884.

Decided May 5th, 1884.

Supreme Court of the United States · decided 1884-05-05

<p>APPEAL FROM THE DISTRICT COURT OF- THE UNITED STATES FOR THE DISTRICT OF WFST VIRGINIA.</p>

2 counsel of record

Relies on Fosdick v. Schall · Greenwood v. Randall · Huidekoper v. Locomotive Works

Good law ✅— No negative treatment on recordhow we know

Affirmed · 9–0 · Decided 1884-05-05

How this case has been cited

Cited by 102 later decisions (12 by the Supreme Court) — most recently May 2000 · most notably Union Trust Co of New York v. Illinois Midland Ry Co Borg (1886), Carpenter v. Wabash Railway Co. (1940)

17 federal appellate · 9 district · 28 state decisions — followed in 18 states

3801884189019001910192019301940195019601970198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1APPEAL FROM THE DISTRICT COURT OF- THE UNITED STATES FOR THE DISTRICT OF WFST VIRGINIA.

¶2Review.

¶3A bill presented as a bill of review showing no errors of law on the face of the record and not alleging a discovery of new' matter since the rendering of the decree, the court below properly refused leave to file it.

¶4Mr. J. W. Davis for appellants.

¶5No appearance for appellees.

¶6Mr. Chief Justice Waite

¶7delivered the'opinion of the court.

¶8Without intending to decide that an appeal lies to this court from an order óf a circuit court, or of a district court exercising circuit court powers, refusing leave to file a bill of review, we hold that the refusal in this case was right.. The bill as presented has none of the characteristics of a bill of review. No errors of law appearing on the face of the record are assigned, and there is no allegation of any discovery of new matter since the decree was rendered.

¶9Affirmed.

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