Grant v. National Bank

Citations

• 221 F. 1007
• 1915 U.S. Dist. LEXIS 1639

Syllabus

<p>1. Appeal and Ekkoe ©=>1022—Scope of Review.</p> <p>On appeal from a judgment entered on the report of a referee, pursuant to a stipulation of the parties referring the ease to the referee and providing that judgment might be entered upon his report by the elerkj the question whether the findings of the referee support the judgment is reviewable.</p> <p>[Ed. Note.—For other cases, see Appeal and Error, Cent. Dig. §§ 4015-401.S; Dec. Dig. ©=1022.]</p> <p>2. Judgment ©=345—On Riopokt of Refebke—-Setting Aside.</p> <p>Where the parties voluntarily stipulated that a cause should be referred to a referee to hear, try, and determine, and that judgment might be entered on his report by the clerk without further notice, while it was extremely doubtful whether any application to the court for judgment was necessary, or whether the court had any power to open or \\ acate the judgment, where defendant thought the matter should bo presented to the court before entry of judgment, and that it would lose substantial rights on appeal if this was not done, the judgment would be vacated to enable defendant to present such motions and applications as it might be advised were essential and necessary; plaintiff having the right to test the power of the court to do so on any appeal that might be taken.</p> <p>[Ed. Note.—For other cases, see Judgment, Cent. Dig. §§ 674-676; Dec. Dig. ©=345.]</p> <p><®=For other oases see same topic & KEV-NÜMBBR in all Key-Numbered Digests & Indexes</p>