Durkee v. Garvey

Citations

• 84 Cal. 590
• 24 P. 929
• 1890 Cal. LEXIS 848

Syllabus

<p>Appeal — Recalling Remittitur—Conditional Affirmance of Judgment — Costs — Modification of Judgment. — When a judgment appealed from by the defendant has been affirmed conditionally upon the plaintiff’s filing in the court below a release of part of the judgment, and of his costs in that court, the remittitur will not be recalled after the plaintiff has complied with the required conditions, for the purpose of modifying the judgment upon appeal so as to require plaintiff to pay the costs in this court.</p> <p>Id. — Where a judgment is reversed on condition, with directions that upon the performance thereof it is to stand affirmed, and the condition is afterwards complied with, the judgment thereupon becomes and continues to he affirmed.</p> <p>Id. —Remedy by Petition for Rehearing. —If the appellant is not satisfied with the judgment as rendered in this court, his remedy is to ask for a rehearing, or for a modification of the judgment, within thirty days after the decision, and before the remittitur goes down, and it is too late to ask for siich modification after the regular issuance of the remittitur.</p>