Realty Acceptance Corp. v. Montgomery, 284 U.S. 547 (1932)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
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
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE THIRD CIRCUIT
Syllabus
1. The district court has no power to set aside its judgment after the term for the purpose of hearing newly discovered evidence. P. 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. 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. 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.
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Chicago: U.S. Supreme Court, "Syllabus," Realty Acceptance Corp. v. Montgomery, 284 U.S. 547 (1932) in 284 U.S. 547 284 U.S. 548. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=EFEXFR8M2UFGLAW.
MLA: U.S. Supreme Court. "Syllabus." Realty Acceptance Corp. v. Montgomery, 284 U.S. 547 (1932), in 284 U.S. 547, page 284 U.S. 548. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=EFEXFR8M2UFGLAW.
Harvard: U.S. Supreme Court, 'Syllabus' in Realty Acceptance Corp. v. Montgomery, 284 U.S. 547 (1932). cited in 1932, 284 U.S. 547, pp.284 U.S. 548. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=EFEXFR8M2UFGLAW.
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