United States Supreme Court Cases & Opinions

U.S. Supreme Court

Texas Consolidated Theatres, Inc. v. Pittman, 305 U.S. 3 (1938)

Texas Consolidated Theatres, Inc. v. Pittman

No. 26

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,

Page 305 U. S. 4

with costs, in view of subsequent settlement in the District Court &c.

PER CURIAM.

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.