Charles Evans Whittaker

“ One may not appeal from a money judgment that he has collected and satisfied. Here, as the Court recognizes, after the judgment was entered the Government accepted promissory notes from respondents in payment of the judgment. ”

“ It is true that a pretrial conference was held and a pretrial order was entered, under Rule 16 of Fed.Rules Civ.Proc. One of the objects authorized by that Rule is ' (t) he simplification of the issues,' and another is to consider 'The necessity or desirability of amendments to the pleadings.' The order recited that one of the issues of fact to be tried was whether the 'defendants became and are liable to pay to the United States the sum of $2,000 for each act committed by them that (may be) determined by the court to be in violation of said statute' ”

“ This appeal should, therefore, be dismissed.
Second. At all events, the Government is not entitled to a reversal of the judgment, because it went to trial, and proceeded all the way to judgment, upon a complaint that asked damages only under subdivision (1) of § 26 (b) , not under subdivision (2) of that section. The procedural chronology was as follows. In its original complaint the Government sought damages 'of $2,000 for each such act,' under subdivision (1) . ”