Herrlich v. McDonald
California Supreme Court
Motion to recall a remittitur issued upon appeal from a judgment of the Superior Court of the city and county of San Francisco. The facts are stated in the opinion of the court.
1Opinion of the CourtMcFarland, J.
— This case is before the court upon a motion of appellant to recall the remittitur.
The cause was heard in Department One, and the judgment of the court below was affirmed, with fifteen per cent damages, the opinion of the court in Department having been filed September 7, 1889 (80 Cal. 460). At the end of thirty days the remittitur issued as usual, no petition for hearing in Bank having been filed.
The motion to recall the remittitur is based on an affidavit of appellant’s counsel, to the effect that on September 16,1889, he made a motion in Department One to modify the judgment by striking…
2Cases cited2 opinions
- Adams v. DohrmannCalifornia Supreme Court · 1883
- Herrlich v. McDonaldCalifornia Supreme Court · 1889
3Cited by7 opinions
- Nuckolls v. Bank of CaliforniaCalifornia Supreme Court · 1937
- State v. SundNorth Dakota Supreme Court · 1913
- Fischer v. LukensCalifornia Court of Appeal · 1919
- Granger v. SheriffCalifornia Supreme Court · 1903
- Crenshaw Bros. v. Southern Pacific Co.California Court of Appeal · 1919
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