Swartz v. Kaplan

MORTON, District Judge.

In deciding the motion to set aside the verdict I said: “That the case reeks with perjury I do not doubt; and I shall call it to the attention of the United States Attorney. The motion is overruled; but without prejudice to the defendants’ right to renew it at a later date if investigation shall establish that the verdict was clearly wrong.”

It was plainly doubtful whether the trial court had power to reserve any control over its judgment if and after that judgment should be affirmed by the Court of Appeals. To meet this objection the plaintiffs stipulated that the court…