R. E. Uptegraff Manufacturing Co. v. International Union of Electrical Radio & Machine Workers

BALEY, Judge.

Defendants have excepted to all of Judge Maddrey’s orders, and assert that all of them are invalid. They attack the consent order of March 15 on two grounds. First, they contend that it was not in fact based on the consent of the parties; and second, they argue that it violated Rule 65(d) of the Rules of Civil Procedure.

Clearly a consent order cannot be valid unless the parties actually consent to it. “The power of the court to sign a consent judgment depends upon the unqualified consent of the parties *548thereto; and the judgment is void if such consent does not exist at the time…