Morrison Waite

“ As questions of fact are not open for re-examination on a bill of review for errors in law, the truth of any fact averred in a bill of review inconsistent with the decree is not admitted by a demurrer, because no error can be assigned on such a fact, and it is, therefore, not properly pleaded. ”

“ This has been many times decided in this court. Whiting v. Bank of U.S. 13 Pet. 6; Putnam v. Day, 22 Wall. 66; Buffington v. Harvey, 95 U.S. 99; Thompson v. Maxwell, Id. 397.
A demurrer admits only such facts as are properly pleaded. ”