Southern Pac. Co. v. Kelley

Citations

• 187 F. 937
• 109 C.C.A. 659
• 1911 U.S. App. LEXIS 4259

Syllabus

<p>1. Appeal and Error (§ 105*) — Judgments Reviewable — Nonsuit. A .judgment on nonsuit, dismissing the cause, Is reviewable on error.</p> <p>(Ed. Note. — For other cases, see Appeal and Error, Cent. Dig. §§ 717- ■ 723; Dec. Dig. § 105.*</p> <p>Orders, decrees, and judgments reviewable in Circuit Court of Appeals, see notes to Salmon v. Mills, 13 C. C. A. 374; Taylor v. Breese, 90 C. C. A. 500.]</p> <p>2. Courts (§ 354*) — Practice in Federal Court — Vacating Judgment.</p> <p>The right of a federal court to set aside, vacate, or modify its earlier rulings or judgment in a cause at any time during the term is inherent, and unaffected by the provisions of a statute regulating practice in the-state courts.</p> <p>(Ed. Note. — For other cases, see Courts, Cent. Dig. § 934; Dec. Dig. g-354.*.]</p> <p>3. Courts (§ 331*) — Federal Courts — Practice—'Voluntary Nonsuit — Construction op Statute.</p> <p>Hurd's Rev. St. 111. 1909. c. 110, § 70, amending the practice act by pro - viding that “every person desirous of suffering a nonsuit shall be barred, therefrom, unless he do so. * * * if the case is tried before the court without a jury, before the case is submitted for iinal decision,” if applicable in any case in a federal court, does not affect the right of the court to grant a nonsuit after a finding has been made, where it has been set aside.</p> <p>I Ed. Note. — For other cases, see Courts, Cent. Dig. § 900; Dec. Dig. g 331.*]</p> <p>4. Appeal and Error (§ 927*) — Review—Nonsuit.</p> <p>An order granting a nonsuit was presumptively made for good cause shown, and cannot be reviewed by an appellate court, where the record-does not show the facts on which the court acted.</p> <p>[Ed. Note. — For other cases, see Appeal and Error, Cent. Dig. § 3748; Dec. Dig. § 927.*]</p>