United States v. Davis & Andrews Co.
This text of 3 F. Supp. 535 (United States v. Davis & Andrews Co.) is published on Counsel Stack Legal Research, covering District Court, W.D. Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The bill in this ease is filed to set aside a judgment entered in this eourt, in cause No. 3220, on August 8,1930.
The bill in 3220 was demurred to by defendant. The demurrer was overruled. The final decree tendered by both parties contained this recital, “The defendant having elected in open court to stand on the record,” etc.
Tn other words, the government, being satisfied with its position on its motion to dismiss, decided to stand on it, but neglected to appeal.
[536]*536This bill is an attempted substitute for an appeal, the time for which has long since expired.
The bill should be dismissed.
Let a decree in accordance with this opinion be drawn and entered.
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Cite This Page — Counsel Stack
3 F. Supp. 535, 1932 U.S. Dist. LEXIS 1504, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-davis-andrews-co-tnwd-1932.