Samuel Freeman Miller

“ We see nothing in the proceedings to authorize the part of the decree which relates to the stockholders. Their liability has not been put in issue by any pleading, notice, or paper in the cause; and while, under these circumstances, this part of the decree may be void for that reason, we still think appellant has the right to have it removed out of the way of his proceeding against these shareholders, if he should desire to do so. ”

“ If, as appellant alleges, he has been defrauded by his counsel, he must sue them for what he has lost by the fraud.
If he desire to set aside the decree because it was obtained by fraud, his remedy is by bill of review. ”

“ These reports, and several supplemental reports, were all confirmed without exceptions, and a final order of distribution made among those who had proved their claims, allowing first the costs of the proceeding, including attorney's fees and other costs of suit. ”