Staples v. Staples

U.S. Court of Appeals for the D.C. Circuit February 1, 1915

Staples v. Staples, 43 App. D.C. 156 (D.C. Cir. 1915)

1915 U.S. App. LEXIS 2585

Opinion of the Court

Mr. Chief Justice Shepard

delivered the opinion of the Court:

It 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.

It 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.

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

Affirmed.

Reference

Full Case Name: STAPLES v. STAPLES
Status: Published
Syllabus: Equity; Bills of Review: Newly Discovered Evidence. An order vacating an order granting leave to file a bill of review on the ground of newly discovered evidence, and denying leave to file such a bill, was affirmed, it not appearing to this court that the lower court erred in its ruling that a sufficient showing had not been made that the alleged newly discovered evidence could not have been produced on the first hearing by the exercise of due diligence.