Thomas

[1] On February 2, 1914, this court affirmed on appeal the decree of the court below in Thomas v. South Butte Mining Company, Appellee, 211 Fed. 105 , 128 C. C. A. 33 , and thereafter the mandate of this court was issued to the court below. The appellant now presents to this coui't a petition for leave to file in the court below a bill of review for the purpose of setting aside and annulling the decree so entered'’in that court upon the mandate from this court. As was said by Judge Severens in Keith v. Alger, 124 Fed. 32 , 59 C. C. A. 552 :

The appellant in his petition and the bill of review which he proposes to file alleges two errors of law appearing on the ‘record, and refers to evidence which, he says, is now available, and which was not presented on the former trial of the case. '

[2] The errors of law so alleged are; First, that the trial court had no jurisdiction of the cause, for the reason that it was not alleged in the appellee’s complaint that the South Butte Mining Company, which was alleged to be a corporation of Minnesota, was also an “inhabitant” of that state; the allegation being that it was a citizen and “resident” of that state. We need devote no time to…