Jorgenson

after stating the case as above, delivered the opinion of the court.

We are of the opinion that the judgment of the court' below was right, for several reasons. The judgment in the original suit was entered February 1, 1902; the bill of review was not filed until April 11, 1904 — long after the time for an appeal from that judgment had elapsed. The rule is well settled in courts of equity of the United States that a bill of review must ordinarily be filed within the time limited by statute for taking an appeal from the decree sought to be reviewed^ where the review sought is not founded on matters discovered since the decree. Thomas v. Brockenbrough, 10 Wheat. 146 , 6 L.Ed. 287 ; Whiting v. Bank, 13 Pet. 6 , 10 L.Ed. 33 ; Kennedy v. Bank, 8 How. 586 , 12 L.Ed. 1209 ; Clark v. Killian, 103 U.S. 766 , 26 L.Ed. 607 ; Blythe Co. v. Hinckley, 111 F. *345 827 , 49 C.C.A. 647 . This bill is not founded on matters discovered since the original decree, for it shows upon its face that the complainant “surmised,” when the alleged false testimony was given, that it was not true. It shows, moreover, that the facts which the complainant contends show it to have been false were, in part,…