SWARTZ v. KAPLAN

No. 2478.

50 F.2d 947 (1931)

SWARTZ v. KAPLAN et al.

District Court, D. Massachusetts.

June 23, 1931.


Attorney(s) appearing for the Case

Mondlick & Weiner, Solomon Mondlick, James M. Morrison, and Elisha Greenhood, all of Boston, Mass., for plaintiff.

Henry V. Cunningham, Francis M. Carroll, E. Mark Sullivan, and Romney Spring, all of Boston, Mass., for defendant.


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...

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