Legal Opinion
Ayer v. Kemper
Court of Appeals for the Second Circuit
Decided April 6, 1931No. 217PublishedCited by 13 opinions
1Opinion of the CourtSwan, Circuit Judge
(after stating the facts as above).
The appellant contends that the court was not lacking jurisdiction to grant its motion, and this raises several questions upon which surprisingly little authority has been adduced. It is, of course, admitted that in general a court is without power to annul a judgment or decree after the expiration of the term at which it was entered, unless the proceeding seeking annulment was begun within the term. Delaware, L. & W. R. Co. v. Rellstab, 276 U. S. 1, 5, 48 S. Ct. 203, 72 L. Ed. 439; In re Metropolitan Trust Co., 218 U. S. 312, 320, 31 S. Ct. 18, 54 L. Ed.…
2Cases cited27 opinions
- United States v. MayerSupreme Court of the United States · 1914
- Supreme Tribe of Ben-Hur v. CaubleSupreme Court of the United States · 1921
- Wabash Railroad v. Adelbert College of Western Reserve UniversitySupreme Court of the United States · 1908
- Lion Bonding & Surety Co. v. KaratzSupreme Court of the United States · 1923
- Smith v. SwormstedtSupreme Court of the United States · 1854
22 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Hackner v. Guaranty Trust Co. of New YorkCourt of Appeals for the Second Circuit · 1941
- Pennsylvania Co. for Insurances on Lives & Granting Annuities v. DeckertCourt of Appeals for the Third Circuit · 1941
- Eagle Star Insurance Company, Limited v. Augustin Maltes, Gilberto Perez, and Bernabe ArroyoCourt of Appeals for the Fifth Circuit · 1963
- Pianta v. H. M. Reich Co.Court of Appeals for the Second Circuit · 1935
- Miller v. National City Bank of New YorkCourt of Appeals for the Second Circuit · 1948
8 more not listed; retrieve them via the Exa API.