Rutherford v. United States

(after stating the facts as above). It is urged on the part of the government that it is a matter in which the court could exercise discretion and that it ought to be exercised in favor of the government, and that the plaintiff in any event can have the matter determined by the Court of Appeals upon a motion to strike.

The Supreme Court, in O’Connell v. United States, 253 U. S. 142, 40 S. Ct. 444, 64. L. Ed. 827, held that the court’s jurisdiction over the case ceased on the expiration of the term as extended, and that any act in the settlement of the bill of exceptions thereafter is eoram non…