WILLIAM CHRISTY, PLAINTIFF IN ERROR,
v.
JAMES D. FINDLEY
Mr. Justice CURTIS.
The amended pleas in this case, being five in number, are demurred to, and the demurrers are sustained for the reasons assigned in the'' opinion in the case of Christy v. Scott. The judgment of the District Court is reversed, and -the case remanded for further proceedings.
Order. This cause came on to be heard on the transcript of the record from the District Court of, the United States for the District of Texas, and was argued by-counsel. On consideration whereof, it is now here ordered and adjudged by this court, that the judgment of the said District Court in this cause be, and the same is hereby, reversed, with costs, .and that this cause be, and the same is hereby, remanded to the said District Court, for further proceedings to be had therein, in conformity to, the opinion of this court, and as to law and justice shall appertain.
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In re Allen, 115 F.2d 936 (C.C.P.A. 1940)…the court over its own judgments, orders, and decrees, in both civil and criminal cases, during the existence of the term at which they are first made, is undeniable.’ Bassett v. United States, 9 Wall. 38 [19 L.Ed. 548]; Doss v. Tyack, 14 How. 297 [14 L.Ed. 428], As part of the ‘roll of that term,’ they are deemed to be ‘in the breast of the court during the whole term.’ Bac.Abr., tit. Amendment and Jeofail, A. Under this rule, we think it clear that the court had the power during the term, at the request…
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Suggs v. Mut. Ben. Health & Accident Ass'n, 115 F.2d 80 (10th Cir. 1940)…Smelting Co. v. Billings, 150 U.S. 31, 14 S.Ct. 4, 37 L.Ed. 986; Chicago, M. & St. P. Ry. Co. v. Leverentz, 8 Cir., 19 F. 2d 915; United States v. Mayer, 235 U.S. 55, 35 S.Ct. 16, 59 L.Ed. 129; Doss et al. v. Tyack et al., 14 How. 297, 55 U.S. 297, 14 L.Ed. 428. This power to open, vacate or set aside its judgment during the term applies to errors of law as well as to errors of fact. Doss v. Tyack, supra; Zimmern et al. v. United States, 298 U.S. 167, 56 S.Ct. 706, 80 L.Ed. 1118. A judgment is not general…
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