Mateer v. Brown

By the Court,

BeNNett, J.

A re-hearing having been granted in this case, it has been a second time argued. It is objected that the court has not the power to review its former judgment. The remittitur not having been sent to, nor filed with, the court below, we still have control over the cause. (See Grogan & Lent v. Ruckle, ante, p. 193, and cases there cited.)

Tbe counsel for the plaintiff asks us to modify our former *232judgment, and decide that certain facts were proved at the trial, by evidence independent of that which we held in our former decision to be incompetent. The determination…