AYER v. KEMPER

No. 217.

48 F.2d 11 (1931)

AYER v. KEMPER et al.

Circuit Court of Appeals, Second Circuit.

April 6, 1931.


Attorney(s) appearing for the Case

Archibald N. Jordan, of New York City, for appellant.

Arthur M. Wickwire, of New York City, and Thomas H. Ray, of Boston, Mass., for appellee James C. Ayer.

Merrill, Rogers, Gifford & Woody, of New York City (Charles L. Woody and Herbert P. Carter, both of New York City, of counsel), for appellee William T. Kemper.

Before L. HAND, SWAN, and CHASE, Circuit Judges.


SWAN, 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...

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