Equity Procedure, Embodying the Principles of Pleading And Practice Applicable to Courts of Equity, And Containing Many Precedents of General, Practical Utility, Designed Especially to Meet the Demands of Practice in Virginia And West Virginia, And for Ge

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Va. 461, 466, 64 S. E. 745; Cassady 2 Hunter v. Kennedy, 20 W. Va.
343.
339 Petitions § 246 could have teen reached by exception or motion during the progress of the cause ;^' nor will a petition for a rehearing because of new matter be allowed to be filed unless it sets forth all the facts necessary to maintain a bill of review on such ground ; ^^ nor will a petition for a rehearing lie where there has been long and unreasonable delay as to the decree sought to be reviewed and acquiescence in
...it, so that it would not be just and equitable to open the decree ; ^* nor will it lie where an interlocutory decree of a circuit court has been affirmed by the supreme court of appeals,^' and the same rule obtains in Virginia where, on an appeal from an interlocutory decree, the appeal is dismissed for failure to print the record.'* It will lie for errors of law apparent upon the face of an interlocutory decree,'^ and for newly-discovered evidence which is relevant and material, such as would probably have produced a different result had it been used before the decree was rendered and which was not known to the petitioner and could not have been known by the use of due diligence in time to use it before the decree was pronounced.'^ To illustrate an error of law that may be corrected upon petition, a purchaser of real estate devised to infants in remainder and sold under decrees in a summary proceeding, under the statute allowing 28 Bank v.

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