Mayor v. Buchanan

Citations

• 3 Cal. 212

Syllabus

<p>Where a cause is remitted from this court to a District Court, the clerk of the District Court may issue an execution for the costs accrued thereon, without the order of the District Court.</p> <p>The remittitur from this court is, by the direction of the 358th sect, of the Practice Act, to be attached by the Clerk of the District Court to the judgment roll; and a minute of the judgment entered on the docket, against the original entry; the judgment of this court then stands as the judgment of the District Court. If it award a new trial, the clerk will place the cause on the calendar; if costs, he will on the application of the party issue execution for the same.</p> <p>The District Court has no authority to prevent the immediate execution of the judgment of this court, so remitted.</p> <p>The judgment of this court upon appeal, and the costs consequent thereon, is final.</p> <p>The clerk of this court, in entering up the judgment adds the words “ with costs,” and annexes to the remittitur a copy of the bill of costs filed; these words are a sufficient awarding of costs, for the clerk of the court below to issue execution for the same.</p>