Leishman v. Association Wholesale Elec. Co., 318 U.S. 203 (1943)

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Leishman v. Association Wholesale Electric Co.


No. 332


Argued February 2, 1943
Decided February 15, 1943
318 U.S. 203

CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE NINTH CIRCUIT

Syllabus

1. Where a motion under Rule 52(b) of the Rules of Civil Procedure (made within an enlargement of time under Rule 6(b)) to amend and supplement the findings and conclusions relates to matters of substance and would, if granted, require an amendment of the judgment to conform thereto, even though amendment of the judgment was not specifically requested, the time for taking an appeal from the judgment (28 U.S.C. § 230) runs from the date of the order disposing of the motion. P. 205.

2. Rule 59 of the Rules of Civil Procedure, relating to new trials, held inapplicable. P. 206.

128 F.2d 204 reversed.

Certiorari, 317 U.S. 612, to review a decree dismissing an appeal for want of jurisdiction.