Melville Fuller

“ It is unnecessary to rehearse the facts and circumstances which led to the misapprehension. It is objected by the state of Iowa that the order of April 10th was a final finding and decree, and that it cannot be changed or set aside upon motion at a term of court subsequent to that at which it was entered ”

“ The state of Illinois, on October 11, 1893, one of the first days of October term, 1893, by leave of court moved to set aside the order confirming the report of the commissioners filed as before stated, upon the ground that notice was not given of the application for the confirmation of said report, and that the consent of the state was signified to the court through mistake and inadvertence. This motion was resisted by the state of Iowa, and numerous affidavits have been filed on both sides. ”

“ The commissioners filed their report March 30, 1893, as to the boundary line at the bridge mentioned, and on the same day the state of Iowa moved for an order confirming the report, counsel making the application being advised that it was consented to on behalf of the state of Illinois. ”