UNION MUTUAL LIFE INSURANCE COMPANY
v.
WATERS
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Union Mutual Life Insurance Company and Electa L. Waters, having settled their dispute, stipulated that the Supreme Court reverse the Circuit Court's judgment and remand the case with instructions to enter judgment against the defendant for costs. The Court approved the parties' agreed disposition and reversed the lower court's judgment accordingly.
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Mr. Chief Justice Waite delivered the opinion of the court.
In this case the parties-have stipulated as follows:
“ The controversy between the parties hereto, having been amicably adjusted, it is now stipulated and agreed between us, that as to the proceedings now pending in the Supreme Court of the United States, docketed as case No. 356, wherein the Union Mutual Life Insurance Co. of Maine is plaintiff in error, and Electa L. Waters is defendant in error, an entry shall be made by said court, as upon the trial thereof, that the judgment of the Circuit Court of the United States for the Northern District of Ohio,. Eastern Division, shall be reversed and the said cause remanded to the Circuit Court, and a judgment be entered against said defendant for costs herein, and that said mandate shall be issued at once.”
It is, therefore, on motion, ordered that the judgment he, and the same is hereby, reversed, costs in this court to-he paid by the plaintiff m error, a/nd the cause remanded, with inst/ructions to proceed in accordance with such stipulation.
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Tex. Consol. Theatres, Inc. v. Pittman, 94 F.2d 203 (5th Cir. 1938)…ate courts, before the case is taken under advisement, have respected settlements made by the parties, though they included a reversal of the judgment. Bond v. Davenport, 123 U.S. 619, 8 S.Ct. 306, 31 L.Ed. 279; Union Mutual Life Ins. Co. v. Waters, 124 U.S. 369, 8 S.Ct. 510, 31 L.Ed. 474 ; 3 Am.Jur. § 1154. But, when the case is under advisement, the court has power to decide it according to its judgment and is not bound to render a judgment dictated by the parties. The judgment of the court has been rende…