gno.law

In re Burnett

California Court of Appeal · Civ. No. 1379 · 1935-07-10 · Published · 8 Cal. App. 2d 363 · 47 P.2d 745 · 1935 Cal. App. LEXIS 665

In the Matter of the Estate of W. I. BURNETT

Area
other
Panel
Marks (author)

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 — Marks

MARKS, J.

This is a motion to recall a remittitur and to order a corrected remittitur to be issued nunc pro tunc.

On April 11, 1935, this court filed its decision in the matter of the Estate of W. I. Burnett, Deceased, and reversed a decree of distribution without making any provision for the payment of costs. (Estate of Burnett, 6 Cal. App. (2d) 116 [44 Pac. (2d) 435].) On June 11, 1935, a remittitur was issued in which the following erroneously appeared:' “Appellant to recover costs on appeal.” (Sec. 1232, Probate Code.)

In Estate of Erickson, 4 Cal. App. (2d) 602 [41 Pac. (2d) 939], where a similar question was before the court, a similar motion was granted. (See Estate of Johnson, 200 Cal. 307 [252 Pac. 1052].)

It is ordered that the remittitur issued by the clerk of this court on June 11, 1935, in the matter of the Estate of W. I. Burnett, Deceased, be recalled and that a corrected remittitur be issued in its place, nunc pro tunc, omitting the words, “Appellant to recover costs on appeal.”

Barnard, P. J., and Jennings, J., concurred.

Cites, in this corpus

Cited by