Tubman v. Baltimore & Ohio R. Co., 190 U.S. 38 (1903)

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Tubman v. Baltimore and Ohio Railroad Company

No. 574

Submitted May 18, 1903
Decided June 1, 1903
190 U.S. 38

ERROR TO THE COURT OF APPEALS

OF THE DISTRICT OF COLUMBIA

Syllabus

1. The general rule is that a final judgment cannot be set aside by the court which rendered it, on application made after the close of the term at which it was entered, and as this case comes within that rule the judgment is affirmed.

2. The court of appeals dismissed the appeal, but inasmuch as if it had entertained it, that court would have been compelled to affirm the order appealed from, this Court is not obliged, in the circumstances disclosed by the record, to modify or reverse even if that court might have maintained jurisdiction of the appeal.

The case is stated in the opinion of the court.