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PACIFIC R.R. OF MO. v. MISSOURI PACIFIC R'Y.

Not in source.

111 U.S. 505 (1884)

4 S.Ct. 583

28 L.Ed. 498

PACIFIC RAILROAD OF MISSOURI, v. MISSOURI PACIFIC RAILWAY COMPANY & Others.

Supreme Court of United States.

Decided May 5, 1884.

Attorney(s) appearing for the Case

Mr. N.H. Cowdrey and Mr. D.H. Chamberlain for appellant.

Mr. Melville C. Day and Mr. Wager Swayne for appellees.

MR. JUSTICE BLATCHFORD delivered the opinion of the court. He stated the facts in the foregoing language, and continued:

The Circuit Court, in its opinion, regarded the bill as an original bill to impeach the prior decree for fraud, and not as a bill of review upon newly discovered facts and evidence. It held the bill to be insufficient, for want of an affirmative allegation that the plaintiff was ignorant, during the pendency of the original suit, of the facts set...

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