Opinion
No. 6296.
June 11, 1937.
Appeal from the District Court of the United States for the District of New Jersey; John Boyd Avis, Judge.
Action by Percy McGeorge against Atlantic Brigantine Bridge Company and others. From an order dismissing a petition by Walter E. Beyer, receiver of the Brigantine, Inc., and another, to open the judgment in favor of plaintiff in order that he might be substituted as defendant, such receiver appeals.
Appeal dismissed.
Thompson Hanstein, of Atlantic City, N.J., for appellant.
Wm. M. Clevenger and Thos. R. Clevenger, both of Atlantic City, N.J., and James Mercer Davis, of Camden, N.J., for appellee.
Before BUFFINGTON, THOMPSON, and BIGGS, Circuit Judges.
This 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.