Summary
holding that "a judgment which was consented to by appellant and appellee . . . . is not reversible"
Summary of this case from Slaven v. American Trading Transportation Co.Opinion
No. 12347.
February 17, 1950. Rehearing Denied April 4, 1950.
Theron Lamar Caudle, Asst. Atty. Gen., Ellis N. Slack, Harry Marselli, and Irving I. Axelrad, Sp. Assts. to Atty. Gen., Ernest A. Tolin, U.S. Atty., E.H. Mitchell, Asst. U.S. Atty., Los Angeles, Cal. for the United States.
Guthrie, Darling Shattuck, Los Angeles, Cal. (Hale, Stimson Russell, New York City, of counsel), for appellee.
Before MATHEWS, STEPHENS and ORR, Circuit Judges.
This appeal is from a consent judgment — a judgment which was consented to by appellant and appellee, and which the District Court had jurisdiction to render. Such a judgment is not reversible. Pacific R.R. v. Ketchum, 101 U.S. 289, 295, 25 L.Ed. 932; United States v. Babbitt, 104 U.S. 767, 768, 26 L.Ed. 921; Ballot v. United States, 1 Cir., 171 F. 404, 405; Curry v. Curry, 65 App.D.C. 47, 79 F.2d 172, 174; In re 4145 Broadway Hotel Co., 7 Cir., 100 F.2d 7, 8. See, also, Nashville, C. St. L. Ry. Co. v. United States, 113 U.S. 261, 266, 5 S.Ct. 460, 28 L.Ed. 971; Swift Co. v. United States, 276 U.S. 311, 327, 48 S.Ct. 311, 72 L.Ed. 587. The judgment appealed from is therefore affirmed.