Legal Opinion
Baker v. Southern California Railway Co.
California Supreme Court
Decided September 21, 1900No. L.A. No. 483PublishedCited by 4 opinions
APPLICATION to recall and correct a remittitur originally issued herein. The facts are stated in the opinion of the court.
1Opinion of the CourtBeatty, C. J.
This is a motion to recall and correct the remittitur originally issued herein.
The judgment of the superior court was reversed October 31, 1899, without inserting in the order any direction as to costs (126 Cal. 516), and under rule XXIII of this court it became the duty of the clerk to enter upon the record a judgment that appellant recover its costs of appeal, and to insert this direction in the remittitur. The clerk entered the judgment correctly, but omitted to insert the proper direction in the remittitur, and when the appellant filed its cost bill the superior court, on motion of…
2Cases cited1 opinion
- Baker v. Southern California Railway Co.California Supreme Court · 1899
3Cited by4 opinions
- San Joaquin & Kings River Canal & Irrigation Co. v. StevinsonCalifornia Supreme Court · 1913
- O'Hare v. Peacock Dairies, Inc.California Court of Appeal · 1938
- Delorey v. Board of Public WorksCalifornia Court of Appeal · 1931
- Chapman v. HughesCalifornia Court of Appeal · 1906