Kimpton v. Jubilee Placer Min. Co.

• Court: Montana Supreme Court
• Writing for the Court: PER CURIAM.
• Citation: Kimpton v. Jubilee Placer Min. Co., 16 Mont. 379, 42 P. 102 (Mont. 1895)
• Decision Date: 21 October 1895
• Parties: KIMPTON v. JUBILEE PLACER MIN. CO. et al.

42 P. 102

16 Mont. 379

KIMPTON v. JUBILEE PLACER MIN. CO. et al.

Supreme Court of Montana

October 21, 1895

On rehearing. Denied.

For former report, see 41 P. 137.

PER CURIAM.

After the decision of this case, we were of opinion that perhaps we should have exercised the discretion given us by section 441, Code Civ. Proc. 1887, by granting a new trial, instead of ordering judgment. Schroeder v. Insurance Co., 60 Cal. 468; Ehrichs v. De Mill, 75 N.Y. 370, 376; Thomas v. Insurance Co., 99 N.Y. 225, 1 N.E. 772; Guernsey v. Miller, 80 N.Y. 181. We therefore, on our own motion, ordered a rehearing, but upon the rehearing it appeared that the time for the same, under the rules, had expired; that the remittitur had been sent to the district court, and judgment thereon entered in accordance therewith. After a remittitur is issued, and the time for rehearing expires, and judgment is entered in the district court in pursuance to the judgment of this court, and it appears that there has been no fraud, imposition, mistake, or inadvertence in issuing the remittitur, we are not sufficiently satisfied that we still have jurisdiction of the case to justify us in now rehearing the appeal. Mining Co. v. Holter, 1 Mont. 429; Blanc v. Bowman, 22 Cal. 24; Rowland v. Kreyenhagen, 24 Cal. 52; People v. McDermott, 97 Cal. 247, 32 P. 7; People v. Village of Nelliston, 79 N.Y. 638; Hazard v. Cole, 1 Idaho, 305; Delaplaine v. Bergen, 7 Hill, 591; Latson v. Wallace, 9 How. Prac. 334; Haynes, New Trials & App. § 293. The original judgment of this court must remain.