Staples v. Staples

U.S. Court of Appeals for the D.C. Circuit

Decided February 1, 1915

U.S. Court of Appeals for the D.C. Circuit · decided 1915-02-01

Hearing on an appeal by the plaintiff from a decree of the Supreme Court of the District of Columbia, holding an equity court, vacating a prior order granting leave to file a bill of review and denying leave to file the bill. The Court in tlie opinion stated the facts as follows: This is an appeal from a decree dismissing a bill to review a decree granting a divorce on the cross bill of the defendant.

Affirmed · Decided 1915-02-01

Mr. Chief Justice Shepard

¶1delivered the opinion of the Court:

¶2It is unnecessary to review the various affidavits in this case, *158some of which purport to set out the evidence submitted on the former hearing. It would serve no useful purpose to recite the contents of these affidavits which are filled with charges of misconduct.

¶3It did not appear to the court below that the newly discovered facts could not have been produced on the former hearing by the exercise of due diligence.

¶4We are unable to perceive anything in the record on which error can be founded, and the decree is affirmed with costs.

¶5Affirmed.