
    Hodges v. Davis.
    June, 1808.
    Equity Practice When Cause May Be Reheard upon Petition.  — A cause may be reheard, upon a petition presented, before the term has passed in which the final decree was pronounced: but not afterwards, except by bill of review.
    
      Upon an appeal from Campbell County Court.
    In this case, a final decree was entered at the last term: and, at this term, Stuart, counsel for the appellee, moved for a rehearing of the cause, upon a petition for that purpose; and relied upon the British cases of Baxter v. Wilson,  and Buck v. Fawcett,  He also quoted 3 Tuck. Blacks. 453, 454.
    
      
      Equity Practice — When Cause May Be Reheard on Petition — Bill of Review. — In Childers v. Loudin, 51 W. Va. 559, 43 S. B. Rep. 689, it is said: “It Is well settled that a cause cannot be reheard, and that a conrt cannot ordinarily set aside a final judgment or decree after the expiration of the term of court at which the judgment or decree was rendered, while the term continues, the cause may be reheard upon petition, and the decree may be set aside, but after the expiration of the term a cause can only be reheard upon a bill of review. Hodyes v. Piitie. 4 Hen. cfc 31. 400: Laidley v. Merrifield, 7 Leigh 85S: Carper v. Hawkins, 8 W. Va. 291-301; Crawford v. Fickey, 41 W. Va. 544, 23 S. K. Rep. 662.” On this question the principal case Is also cited In foot-note to Laidley v. Merrifield, 7 Leigh 346: Parker v. Logan. 83 Va. 380, 4 S. B. Rep. 613: Roanoke Bank v. Farmers’ Bank, 84 Va. 610. 5 S. E. Rep. 682; Diffendal v. Virginia Midland R. Co., 86 Va. 465, 10 S. E. Rep. 536; Carper v. Hawkins, 8 W. Va. 301; Bank v. Jarvis, 28 W. Va. 811.
      See monographic note on “Decrees” appended to Evans v. Spurgin, 11 Gratt. 615: monographic note on “Bills of Review” appended to Campbell y. Campbell, 22 Gratt. 649.
    
    
      
       2 Atk. 152.
    
    
      
       3 P. Wins. 242.
    
   By the Chancellor.

The practice, in England, is as well settled, that after a final decree is signed and enrolled, the cause cannot be reheard but by a bill of review, as it is, in this country, that after a final decree, and the term in which it was pronounced has passed, it cannot be reheard, but in like manner. The cases relied upon unquestionably support this doctrine, that until a decree is signed and enrolled, the cause may be reheard by petition ; but after it has been signed and enrolled, it must, if reheard, be by bill of review; and so it must here after a final decree, and the term has passed in which such decree was pronounced,

Motion for a rehearing by petition denied. 
      
       Barnett v. Young. In the Court of Appeals. MS. April, 1804.
     
      
       So a bill of review does not lie until after a final decree. Banks v. Anderson, 1 H. & M. 20; Bowyer &c. v. Lewis, Ibid. 553. The decision In Green v. Clark, In the Court of Chancery, March Term, 1807, (not reported,) was to the same effect.— Note in Original Edition.
     