Kasal v. Kasal

• Decision Date: 27 May 1949
• Docket Number: 34784.
• Citation: Kasal v. Kasal, 37 N.W.2d 711, 228 Minn. 570 (Minn. 1949)
• Parties: KASAL v. KASAL.
• Court: Minnesota Supreme Court

37 N.W.2d 711

228 Minn. 570

KASAL v. KASAL.

No. 34784.

Supreme Court of Minnesota

May 27, 1949

Appeal from District Court, McLeod County; Joseph J. Moriarty judge.

Charles L. DeReu, L. P. Johnson, Marshall, for appellant.

Elmer C. Jensen, Hutchinson, Streissguth & Berens, New Ulm, for respondent.

PER CURIAM.

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' fees upon the appeal. The remittitur in the above action (Kasal v. Kasal, 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 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 court below for enforcement, and such remittitur has been filed in the 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 Com'rs of Pope County, 66 Minn. 358, 360, 68 N.W. 1062, 69 N.W. 886. See, Farmers' &...