Legal Opinion
Morgrage v. National Bank of California
California Court of Appeal
Decided July 14, 1914No. Civ. No. 1475PublishedCited by 3 opinions
MOTION by respondent to recall Remittitur. The facts are stated in the opinion of the court.
1Opinion of the Court
THE COURT.
The judgment herein was, on appeal to this court, affirmed in an opinion filed herein on the twenty-sixth day of February, 1914. (Morgrage v. National Bank of Cal., 24 Cal. App. 103, [140 Pac. 300].) At the expiration of sixty days the clerk of the court issued to the court below a remittitur which contained no provision to the effect that respondent should recover its costs on appeal. On June 16, 1914, respondent moved the court for a recall of the remittitur and the issuance of a new one containing a judgment in its favor for such costs. No doubt exists that under the provisions…
2Cases cited2 opinions
- In Re the Estate of PragerCalifornia Supreme Court · 1914
- Morgrage v. National Bank of CaliforniaCalifornia Court of Appeal · 1914
3Cited by3 opinions
- Delorey v. Board of Public WorksCalifornia Court of Appeal · 1931
- Security-First National Bank v. Superior CourtCalifornia Court of Appeal · 1933
- Muller v. Union Traction Co.California Court of Appeal · 1924