In re Sanford's Estate

Citations

• 7 Cal. Unrep. 159
• 73 P. 466

Syllabus

<p>Appeal—Remittitur—Motion to Recall.—May 3d an appeal was dismissed. May 25th a remittitur was issued. June 9th the remittitur was filed in the lower court. August 11th notice of motion to recall remittitur was served.. Affidavit of moving counsel stated that he left the city May 2d, and was absent nearly two months, and on his return one of the members of the firm associated with him in the case, and who had taken part in the appeal, was, and till the filing of the motion continued to be, absent from the city, and that he was unable to consult with him. Held, that excuse for not making the motion within the time fixed by law was not shown, so that the motion would be denied.</p>