People v. McDermott

Citations

• 97 Cal. 247
• 32 P. 7
• 1893 Cal. LEXIS 520

Syllabus

<p>Appeal — Remittitur—Jurisdiction. —When a remittitur has been regularly issued by the supreme court, and filed, and there has been no violation of law or of the rules of this court in ordering the remittitur, and no mistake of facts and no fraud or imposition practiced by the prevailirg party upon the court or upon the losing party, the jurisdiction of the supreme court is at an end, and the judgment final.</p> <p>Id. — Affirmance for Failure of Appellant to Appear—Inadvertence of Counsel — Recall of Remittitur. — Where a judgment has been affirmed because of the failure of the counsel for the appellant to file a brief or appear at the hearing, and a remittitur has been issued to the trial court, the supreme court has no power to recall the remittitur and reinstate the appeal, where the failure of the counsel for appellant to appear was solely due to inadvertence upon their part.</p> <p>Id. — Calendar of Criminal Causes. — Criminal causes are regularly placed on the first calendar of the supreme court made up (whether for Sacramento, Los Angeles, or San Francisco) after the records are filed, regardless of the county in which the case was tried.</p>