Martin v. Wagner
California Supreme Court
MOTION in .the Supreme Court to recall a remittitur issued to the Superior Court of San Joaquin County. Joseph H. Budd, Judge.
1Opinion of the CourtHenshaw, J.
The appeal in the -above-entitled canse was pending in this court upon the twenty-fourth day of October, 1896. Upon that day defendant and respondent Wagner died. After his death a brief was filed by James A. Louttit on behalf of the appellants, and by Elliott & Elliott on behalf of respondents. Subsequently these attorneys entered into a stipulation submitting the cause for decision, and upon April 19, 1898, this court rendered its judgment reversing that of the trial court. No petition for a rehearing was presented, and the remittitur issued in due -time. No suggestion of the death of…
2Cases cited2 opinions
- Phelan v. TylerCalifornia Supreme Court · 1883
- Wallace v. CenterCalifornia Supreme Court · 1885
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- MacHado v. FloresCalifornia Court of Appeal · 1946
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