268 N.W. 199 | Minn. | 1936
Lead Opinion
This court, upon due consideration, denies without prejudice defendant's motion, with leave, on the going down of the remittitur, to renew the same in the court below, if so advised. The rule to be observed in passing on such motion is clearly stated with pertinent citation of authorities in First Nat. Bank v. Fox,
Plaintiff also appeals from the clerk's taxation of the costs taxed in the Supreme Court of the United States. The clerk's taxation is hereby *653
affirmed, it being in accordance with the mandate of said Supreme Court that defendant have execution from this court therefor. We conceive this conclusion is not opposed by State ex rel. Peery v. District Court,
ON MOTION FOR REMITTITUR WITHOUT PAYMENT OF JUDGMENT FOR COSTS PENDING NEW TRIAL.
On September 18, 1936, the following opinion was filed:2
Addendum
The Supreme Court of the United States having reversed with costs our decision affirming the judgment of the district of Dakota county, we, in obedience to its mandate, reversed the judgment of said district court with costs to defendant. Thereupon defendant taxed such costs awarded by this court and also included in such taxation the costs awarded by the Supreme Court of the United States, over the objection of plaintiff, and entered judgment in this court for the amount,viz. $956.07 (
Had defendant not insisted upon including in the judgment entered in this court against plaintiff the costs taxed in the Supreme Court of the United States, the case cited would have been in point; for this court, under the section above referred to, has no authority to stay the collection of the judgment for costs of any court other than its own pending a new trial. But here defendant merged the costs in this court with the costs awarded by the Supreme Court of the United States into one judgment of this court, and the logical conclusion would seem to be that this court has control of the entire judgment under said § 9487. And it appearing to the satisfaction of this court that plaintiff is unable to pay said judgment in full, the remittitur is hereby granted upon payment of the clerk's fees only as provided in said section.
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