Winslow v. Staab
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Suit by Francis A Winslow, as trustee in bankruptcy of Frederick Staab against Amy T. Staab and others. From an order (233 Fed. 305) setting aside two decrees and ordering new trials, the defendant named appeals. The facts are as follows; On May 15, 1913, Frederick H. Staab, a resident of the city of Mt.
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Appeal from the District Court of the United States for the Southern District of New York. Suit by Francis A Winslow, as trustee in bankruptcy of Frederick Staab against Amy T. Staab and others. From an order (233 Fed. 305) setting aside two decrees and ordering new trials, the defendant named appeals. The facts are as follows; On May 15, 1913, Frederick H. Staab, a resident of the city of Mt. Vernon, in the state of New York, transferred to his daughter, Amy T. Staab, a piece of real estate situate on Cottage avenue in Mt. Vernon, which for convenience hereinafter is referred to as the “home…
1Opinion of the Court
.ROGERS, Circuit Judge
(after stating the facts as above). The question presented is whether a court of equity has the power to set aside a decree after the term has expired, where the decree was obtained by a misrepresentation made to the court at the time the decree was obtained. In this case the trial judge has set aside a decree after the expiration of the term and has ordered a new trial.
[1, 2] The general rule is undoubted. It is that all judgments, decrees, or other orders of courts are under the control of the court which pronounces them during the term at which they are rendered or…
2Cases cited13 opinions
- United States v. MayerSupreme Court of the United States · 1914
- Bronson v. SchultenSupreme Court of the United States · 1882
- Marshall v. HolmesSupreme Court of the United States · 1891
- Craig v. LeslieSupreme Court of the United States · 1818
- Phillips v. NegleySupreme Court of the United States · 1886
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3Cited by6 opinions
- American Ins. Co. v. LucasDistrict Court, W.D. Missouri · 1941
- Aderhold v. MurphyCourt of Appeals for the Tenth Circuit · 1939
- United States v. SterlingCourt of Appeals for the Second Circuit · 1934
- In re New England Oil-Refining Co.Court of Appeals for the First Circuit · 1925
- Thomas v. StateSupreme Court of Georgia · 2024
1 more not listed; retrieve them via the Exa API.