Attorney(s) appearing for the Case
Mr. W.W. MacFarland and Mr. J. Hubley Ashton in support of the motion.
Mr. Assistant Attorney-General Smith, contra.
Supreme Court of United States.
MR. CHIEF JUSTICE WAITE delivered the opinion of the court.
Under the act of June 23, 1868 (15 Stat. 75), re-enacted in sect. 1008, Rev. Stat., it was said, in Ex parte Russell, 13 Wall. 664, that to justify the grant of a new trial "a new case must be made, — a case involving fraud or other wrong practised upon the government. It is analogous to the case of a bill of review in chancery to set aside a former decree or a bill impeaching a decree for fraud."...
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