Merrill v. Cavagnaro
In the Matter of the Estate of ELYSE C. RINDGE, CARRIE M. MERRILL v. ADRIAN CAVAGNARO, etc.
- Area
- civil
- Panel
- John F. Tyler (author), Benjamin K. Knight, D. A. Cashin
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion — Tyler
TYLER, P. J.
Motion for order recalling and correcting remittitur so as to include costs on appeal. The motion is based upon the contention that the judgment entered herein modified the judgment appealed from but contained no directions as to costs on appeal, and the clerk omitted to enter upon the record and insert in the remittitur a judgment that appellant recover costs.
The judgment appealed from was not reversed nor modified but simply contained a direction that upon final distribution the amount paid by the executor on account of inheritance taxes should be charged against the shares of the legatees on which the taxes were based. The direction is in no sense a reversal or modification and was not intended to be so understood. Respondent therefore is entitled to costs.
The motion is denied.
Knight, J., and Cashin, J., concurred.