SMITH v. POLLIN

No. 11198.

194 F.2d 349 (1952)

SMITH et al. v. POLLIN et al.

United States Court of Appeals District of Columbia Circuit.

Decided January 29, 1952.


Attorney(s) appearing for the Case

David F. Smith, Washington, D. C., for appellants.

David A. Hart, Washington, D. C., for appellees Charles M. Plunkert, C. M. Plunkert & Company, Plunkert & Maddock, Inc. and Mary E. Spinks.

Joseph A. Cantrel, Washington, D. C., for appellee Charles W. Bucy.

Thomas F. Burke, Washington, D. C., for appellee Henrietta K. Evans.

Louis Ottenberg, Washington, D. C., for appellees Morris Pollin and Riggs Park Land Co.

H. Max Ammerman, Washington, D. C., for appellee Sidney Z. Mensh.

Edmund D. Campbell and Grant W. Wiprud, Washington, D. C., for appellees Riggs Park Land Co., Inc., Lawyers Title Insurance Corporation, Frank W. Marsalek, Perpetual Building Ass'n, and Junior F. Crowell and Samuel Scrivener, Jr., trustees.

M. M. Doyle, Washington, D. C., for appellees Emilie K. Bucy and Henrietta K. Evans.

Before EDGERTON, PRETTYMAN and WASHINGTON, Circuit Judges.


PER CURIAM.

Appellants' motion is for leave to file in the District Court a motion to vacate the judgment of that court dated February 8, 1951. The text of the motion shows that in substance it is a motion for leave to file a motion for a new trial on the ground of newly discovered evidence. The motion raises a question as to proper procedure in such cases.

In criminal cases the procedure upon a motion such as this is now settled. The old rule, Rule II(3)...

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