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BUFFINGTON V. HARVEY, 95 U. S. 99 (1877)

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U.S. Supreme Court

Buffington v. Harvey, 95 U.S. 99 (1877)

Buffington v. Harvey

95 U.S. 99


1. The Court approves the ruling in Whiting v. Bank of the United States, 13 Pet. 6, and Putnam v. Day, 22 Wall. 60, that the only questions open in a bill of review, except when it is filed on the ground of newly discovered evidence or contains new matter, are such as arise upon the pleadings, proceedings, and decree.

2. Should such a bill set forth the evidence in the original case, a demurrer, specially assigning that error alone, should be sustained, or the evidence might, on motion, be stricken out, but a general demurrer must be overruled if the bill shows any substantial error in the record.

3. Granting a rehearing, or granting or dissolving a temporary injunction, rests in the sound discretion of the court, and furnishes no ground for an appeal.

4. To a bill filed by the assignee in bankruptcy to set aside, as a fraud upon creditors, a conveyance of real and personal property by the bankrupt the latter is not a necessary party.

The facts are stated in the opinion of the Court.

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