Fred M. Vinson

“ Petitioner refers us to cases which have held that when a court considers on its merits an untimely petition for a rehearing, or an untimely motion to amend matters of substance in a judgment, the time for appeal may begin to run anew from the date on which the court disposed of the untimely application. ”

“ On September 18, 1951, the Court of Appeals issued what it called is 'Final Decree.' Again the court 'ordered, adjudged and decreed' that Part III of the Commission's order 'is hereby reversed and Count III of the complaint upon which it is based be and the same is hereby dismissed.' The court then went on to affirm Parts I and II, and it entered a judgment providing for their enforcement, after reciting again that there was no contest over this phase of the order. ”

“ Petitioner tells us that the application must be deemed to be in time because 'when a court actually changes its judgment, the time to appeal or petition begins to run anew irrespective of whether a petition for rehearing has been filed.' [6] We think petitioner's interpretation of our decisions is too liberal. ”