Rowland v. Kreyenhagen

Citations

• 24 Cal. 52

Syllabus

<p>Dismissal of Appeal—Effect of.—A dismissal of an appeal by the Supreme Court is, in legal effect, an affirmance of the judgment of the Court below, as conclusive and binding upon the parties and the Court as a direct judgment of affirmance, unless the appellant obtains an order setting aside the dismissal and reinstating his appeal before the adjournment of the term.</p> <p>Remittitur—-Effect of Issuance.—When a remittitur has been duly and regularly issued from the Supreme Court, and filed in the Court below, and all the proceedings have been regular, the Supreme Court loses all jurisdiction over the case, and from that time can exercise no further control.</p> <p>Kbaud in procuring Dismissal of Appeal.—If, however, any fraud or imposition has been practiced upon the Court or the opposite party by the party procuring the dismissal, or the order of dismissal has been improvidently granted upon a false suggestion, or under a mistake as to the facts of the case, the appellate Court will recall the remittitur and stay proceedings in the Court below, and assert its jurisdiction even after the adjournment of the term, upon the ground that its jurisdiction cannot be divested by an irregular or an improvident order, and that the order is a nullity.</p>