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San Francisco v. Calderwood

2 Cal. Unrep. 120 Court Cal. Decision date 1881-09-16 Docket No. 2631 English

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p. 120
SAN FRANCISCO, Respondent, v. DAVID CALDERWOOD, Appellant.
No. 2631;
September 16, 1881.

Headnote

Remittitur—Laches in Applying for Withdrawal.—An application made ten years after the issue of a remittitur for a withdrawal of such remittitur is to be denied, unless made upon good cause shown.
APPEAL from Fourth Judicial District, San Francisco County.
J. H, Hunt for respondent.

Application is made to withdraw the remittitur issued in the above-entitled case. It appears that the remittitur was issued in 1870, more than ten years ago, and no excuse is shown for the laches. This is of itself good ground for denying the application.

Motion denied.