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U.S. Supreme Court

Realty Acceptance Corp. v. Montgomery, 284 U.S. 547 (1932)

Realty Acceptance Corp. v. Montgomery

No. 314

Argued January 1, 1932

Decided February 15, 1932

284 U.S. 547


1. The district court has no power to set aside its judgment after the term for the purpose of hearing newly discovered evidence. P. 284 U. S. 549.

2. The circuit court of appeals has no original jurisdiction, and has only such appellate jurisdiction as is conferred by statute. Id.

3. Section 701 of the Revised Statutes, providing that this Court may affirm, modify or reverse judgments of federal courts brought before it for review, or may direct such judgment or order to be rendered, or such further proceedings to be had, by the inferior court as justice may require, which section was made applicable to the circuit courts of appeals by the Judiciary Act of 1891, does not authorize a circuit court of appeals to reverse a judgment at law in which it has found no error upon the record, and to remand the case to the district court in order that that court may reopen it after expiration of the term at which such judgment was rendered for the purpose of hearing new evidence. P. 284 U. S. 550.

4. Where the circuit court of appeals first affirms a judgment for lack of error in the record and thereafter rescinds the affirmance and dismisses the appeal, its action is final, and deprives it of all power to add to or alter the record as certified. P. 284 U. S. 551.

51 F.2d 642 affirmed.

Certiorari to review two orders of the circuit court of appeals, one reversing an order of the district court granting a new trial, the other vacating its own previous order whereby it had dismissed an appeal "without prejudice" and remanded the case to enable the district court to grant such new trial. chanroblesvirtualawlibrary

Page 284 U. S. 548

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