Legal Opinion

Fine v. United States

Court of Appeals for the Seventh Circuit

Decided November 1, 1933No. 5060PublishedCited by 8 opinions

1Opinion of the CourtSPAKfcS, Circuit Judge

(after stating the facts as above).

Appellant bases his appeal largely on the ground of the alleged right of the trial court to correct its mistake at any time that mistake is discovered, whether it he before or after the expiration of the term at which the judgment is entered. It is obvious that the exercise of such a right depends upon the occurrence of a mistake. However, under the facts presented in this case, we are convinced that no such mistake did occur. The trial court considered what purported to be newly discovered evidence after its judgment had been rendered, and decided that such…

2Cases cited5 opinions

  1. Sorrells v. United StatesSupreme Court of the United States · 1932
  2. United States v. MayerSupreme Court of the United States · 1914
  3. People v. DryschIllinois Supreme Court · 1924
  4. United States v. PileSupreme Court of the United States · 1889
  5. United States v. FelderDistrict Court, S.D. New York · 1926

3Cited by8 opinions

  1. Gilmore v. United StatesCourt of Appeals for the Tenth Circuit · 1942
  2. De Benque v. United StatesCourt of Appeals for the D.C. Circuit · 1936
  3. Walter Leroy Moody, Jr. v. United StatesCourt of Appeals for the Eleventh Circuit · 1989
  4. Gilmore v. United StatesCourt of Appeals for the Eighth Circuit · 1942
  5. Gargano v. United StatesCourt of Appeals for the Ninth Circuit · 1944

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