delivered the opinion of the court.
Asking instruction as provided by § 239, Judicial Code, the Circuit.Court of Appeals f<5? the Second Circuit hаs sent up the statement and question which follow.
“ This cause came here on a writ of error to a judgment in favor of the Butterworth-Judson Company in an action at law in the District Court for the Southern District of New York. Judgment resulted from, the verdict of a jury and thereupоn plaintiff-in-error took a writ.
“ The 'stated terms of the trial court as prescribed by Act of .Congress begin each month on the first Tuesday thereof; but a general rule of that cоurt provides as follows: ‘For the purpose of taking any action which must be taken within thе term of the court at which final judgment or decree is entered, each term of court is extended for ninety days from, the date of entry of the final judgment or decree.’ ...
“In respeGt to .this case the ninety day period above provided for, and therefоre the Term at which the final judgment in question was entered expired bn the 24th of February, 1920.
“ On Marсh 1, 1920, a written stipulation was executed between the attorneys for the parties hereto in the words following: ‘ It is hereby stipulated and agreed by and between the partiеs hereto that the November Term of the United States District Court for the Southern District of New York be extended to April 6, 1920, for the purpose of settling and filing the bill of exceptiоns herein.’
“ On or before the 6th of April, 1920, but long after the 24th pf February, 1920, the plaintiff-in-error’proposed a bill of exceptions..’ Thereupon the trial Judge over the objection of defendant-iri-error and on the' faith of the *368 stipulation above quoted, settled and signed the bill .of exceptions annexed, to thé writ of error herein and now in this court.
- “ Dеfendant-iri-error then moved in this court for an order striking from the record the bill of exceptions so-settled as above set forth, on the ground that the same had been settlеd, signed and made a part, of the recordheréin in contravention of law, in "that the'tеrm had expired.
“ Upon consideration of this motion a question of law arises cоncerning which this court desires the instruction: of the Supreme Court in order properly 'tо decide the cause. • ■■ i ■
“ Question Certified. Is the bill of exceptions so as above set forth settlеd, signed and certified to this court in contravention of law, in- that the term had expired bеfore the same was offered for. settlement? ”
In the recent
case, of O’Connell
v.
United States,
“ By the uniform course of decision, nо exceptions to . rulings at a trial can be considered by this .court, unless they -were tаken- at- the trial, and were also embodied in a formal bill of exceptions presented to the judge at the same term, or within a further time- allowed by order, entered at that term, or by standing rule of court, or by consent of parties; and, save under very extraordinary -circumstances, they must be allowed by the judge and filed with the clerk during the same term. After the term has expired, without the court’s control over the case being reserved by standing rule or. special order, and especially after a writ of'-error hаs-been entered-■in. this court, all authority of the court-below-to allow a bill -of exсeptions' then first presented, or to alter or amend-a. bill of exceptions already'’allowed and filed, is at an end.”
*369 And applying this rule we held the bill of exceptiоns, signed by the trial judge after expiration of the time allowed by the rule of court, was no part of the record.
In the present' cause .the term as extended had expired before any action concerning the bill of exceptions was taken by either court or counsel. In su’ch circumstances the court had no power to approve it Unless this could be conferred by mere Consent of counsel. This they cоuld not do.
Consent of parties can not give- jurisdiction to courts of the United States.
Railway
Co. v.
Ramsey,