Texas Consolidated Theatres, Inc. v. Pittman - 305 U.S. 3 (1938)
U.S. Supreme Court
Texas Consolidated Theatres, Inc. v. Pittman, 305 U.S. 3 (1938)
Texas Consolidated Theatres, Inc. v. Pittman
Submitted October 19, 1938
Decided November 7, 1938
305 U.S. 3
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE FIFTH CIRCUIT
Certiorari, 304 U.S. 556, to review a judgment of the Circuit Court of Appeals, 93 F.2d 21; 94 id. 203, affirming a judgment for damages against petitioner, dismissed,
with costs, in view of subsequent settlement in the District Court &c.
Respondent recovered judgment for damages in an action for injuries suffered by his wife. After appeal had been argued and while it was under advisement in the Circuit Court of Appeals, the parties entered into a stipulation for settlement on payment of a sum less than the judgment and providing that the judgment should be reversed and judgment entered in the District Court for costs only. The Circuit Court of Appeals affirmed the judgment. 93 F.2d 21. Alleging that the court had been informed of the compromise and stipulation, petitioner sought a rehearing, which was denied. 94 F.2d 203. We granted certiorari.