Mabb v. Stewart

Citations

• 7 Cal. Unrep. 186
• 77 P. 402

Syllabus

<p>Remittitur—Filing—Presumption.—Under Statutes of 1895, page 269, chapter 207, and Code of Civil Procedure, section 1963, subdivisions 15 and 17, providing that it, will be presumed that official duty has been performed, and that a judicial record, when not conclusive, still correctly determines or sets forth the rights of the parties, it will be presumed that failure to file the remittitur for four months after it was sent down was because the fee for filing had not been paid or tendered, or for some other sufficient reason.</p> <p>Costs—Time for Filing Memorandum.—A memorandum of costs filed three days after the filing of the remittitur is filed in due time.</p>