Owen J. Roberts

“ Stress is placed upon the point that in addition to mere power to affirm, reverse, or modify, jurisdiction is given in the alternative to order such judgment to be rendered or such further proceedings to be had by the inferior court as the justice of the case may require. From this the conclusion is that though no error appears in the record justifying a modification or reversal the appellate court may, if justice so demands, take further proof which the trial court would be powerless to receive because its term has ended, and on the basis of such proof reverse or modify the judgment. ”

“ The petitioner complains of two orders entered by the Circuit Court of Appeals, one which reversed an order of the District Court setting aside a judgment entered at an earlier term and granting a motion for new trial for the purpose of considering certain newly discovered evidence as to damages, and the other, which vacated its own order previously entered dismissing an appeal from the same judgment and remanding the cause so that the District Court might, in the exercise of its discretion, grant such new trial. ”

“ New Orleans Insurance Ass'n v. Piaggio, 16 Wall. 378, 21 L. Ed. 358; Little Miami, etc., R. R. Co. v. United States, 108 U.S. 277, 280, 2 S.C.t. 627, 27 L. Ed. 724; Fort Scott v. Hickman, 112 U.S. 150, 165, 5 S.C.t. 56, 28 L. Ed. 636 ”