Beyer v. McGeorge

Third Circuit Court of Appeals

Decided June 11, 1937.

Third Circuit Court of Appeals · decided 1937-06-11

2 counsel of record

Relies on Realty Acceptance Corp. v. Montgomery · Montgomery v. Realty Acceptance Corp.

Opinion by (per_curiam) · Decided 1937-06-11

¶1 *999Thompson & llanstein, of Atlantic City, N. J., for appellant.

¶2Wm. M. Clevenger and Thos. R. Clevenger, both of Atlantic City, N. J., and James Mercer Davis, of Camden, N. J., for appellee.

¶3Before BUFFINGTON, THOMPSON, and BIGGS, Circuit Judges.

¶4PER CURIAM.

¶5This case requires no opinion. Without reciting the facts, it suffices to say the court below rightly held that, after the expiration of the term and with no order extending the same, it had no power to set aside or alter its final judgment. To that effect is Montgomery v. Realty Acceptance Corp. (C.C.A.) 51 F.(2d) 642, affirmed in 284 U.S. 547, 52 S.Ct. 215, 76 L.Ed. 476. So holding, the appeal is dismissed.