37 N.W.2d 711 | Minn. | 1949
This court is now without authority to recall the remittitur and is without *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.
Motion denied.