Heroux v. Atchison, Topeka & Santa Fe Railway Co.

McCOMB, J. —

This is a motion by respondent for an order recalling the remittitur heretofore issued herein on the grounds (1) that the judgment of this court was improvidently entered upon false suggestions and under a mistake as to the facts of the case, and (2) that fraud and imposition have been practiced upon this court in procuring its judgment and upon counsel representing respondent.

We denied this motion on January 24, 1939. [(Cal. App.) 86 Pac. (2d) 841.] Thereafter upon petition of respondent the Supreme Court granted a hearing of the motion. Sep*129tember 6, 1939, that court, after…