Jennings v. Philadelphia, B. & W. Ry. Co., 218 U.S. 255 (1910)

Jennings v. Philadelphia, Baltimore

and Washington Railway Company
No. 10

Submitted April 26, 1910
Decided October 1, 1910
218 U.S. 255

ERROR TO THE COURT OF APPEALS

OF THE DISTRICT OF COLUMBIA

Syllabus

In the absence of an extending order, the trial court loses control of the case after the term has been closed and an appeal has been allowed and perfected, and Common Law Rule 55 of the Supreme Court of the District of Columbia, allowing thirty-eight days to file a bill of exceptions, applies only so long as the judgment term is running, and does not operate to extend the power of the trial judge over the record beyond the term.

Grave matters of procedure such as the allowance of a bill of exceptions after close of the term should not rest on mere implication of consent.

A proceeding at the instance of one party to the record cannot be regarded as by consent simply because the other party has notice and does not object; the latter, if he does nothing to prejudice the rights of others, may sit silent and still object that the proceeding is coram non judice.

31 App.D.C. 173 affirmed.

The facts are stated in the opinion.