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1 Reported in On March 14, 1949, defendant filed with this court a motion for an order vacating and setting aside the judgment for costs entered in favor of plaintiff in the sum of $550.25 and requiring plaintiff to pay to defendant all necessary expenses and a reasonable attorneys' fee upon the appeal. The remittitur in the above action (Kasal v. Kasal,37 N.W.2d 711 .227 Minn, 529 ,35 N.W. [2d] 745 ) was regularly sent down to the trial court on February 15, 1949.This court is now without authority to recall the remittitur and is without *Page 571 jurisdiction to vacate its judgment herein. The established rule is that "after an appellate court has pronounced its judgment or decree in a cause, and has remitted it to the courtbelow for enforcement, and such remittitur has been filed inthe lower court, the jurisdiction of the appellate court is completely divested, and * * * it has no authority to recall the remittitur, unless there has been some irregularity or error in issuing it; as where it was issued contrary to the rules of the court, or where, by reason of a clerical mistake, it does not correctly express the judgment of this court." (Italics supplied.) Rud v. Board of Co. Commrs.
66 Minn. 358 ,360 ,68 N.W. 1062 ,69 N.W. 886 . See, Farmers M. State Bank v. Mellum,174 Minn. 605 ,219 N.W. 179 ; State, by Benson, v. Erickson,188 Minn. 633 ,247 N.W. 687 ; State v. Waddell,191 Minn. 475 ,254 N.W. 627 ; 16 Minn. L.Rev. 700; 1 Dunnell, Dig. Supp. § 453.Motion denied.
Document Info
Docket Number: No. 34,784.
Citation Numbers: 37 N.W.2d 711, 228 Minn. 570
Judges: PER CURIAM.
Filed Date: 5/27/1949
Precedential Status: Precedential
Modified Date: 1/12/2023