Buckley v. Althorf
California Supreme Court
Motion to dismiss an appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order denying a motion for new trial. The facts are stated in the opinion of the court.
1Opinion of the Court
The Court.
— On the 28th of July, 1890, an order was made and entered in this cause, dismissing the appeal, and, under the rule of the court, remittitur was issued forthwith.- Subsequently, upon an ex parte showing, which seemed to be sufficient, the remittitur -was recalled, and the appellant moved the court to vacate or modify the order dismissing the appeal, on the ground that the same had been improvidently made, through a misconception of the facts and the records in the cause. The reasons for making the order were not then fully stated in the opinion, nor was it entirely correct in its…
2Cited by8 opinions
- Sprigg v. BarberCalifornia Supreme Court · 1898
- Semi-Tropic Spiritualists' Ass'n v. JohnsonCalifornia Supreme Court · 1912
- Teter v. GeorgeWest Virginia Supreme Court · 1920
- Gervais v. JoyceCalifornia Court of Appeal · 1911
- Scott v. LandisCalifornia Court of Appeal · 1940
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