Rimmer v. Jones Bros.
Rimmer v. Jones Bros.
Opinion of the Court
The judgment of the Court of Appeal was rendered and entered on the minutes on June 27,1906. The application for a rehearing was refused on August 22, 1906. and the order of refusal was filed and entered on the minutes on September 1, 1906. The judgment was entered in the judicial registry on October 30, 1906. Relator’s present application was filed on November 7, 1906.
Article 101 of the Constitution provides that such applications shall be made to the Supreme Court, or to one of the justices thereof, “not later than thirty days after the decision of the Court of Appeal has been rendered and entered.” Proceedings in Courts of Appeal are governed by the same rules as proceedings in the Supreme Court, as far as they may be applicable. Const. 1898, art. 104.
In the Supreme Court judgments are not signed, but rendered, in open court and entered on the minutes. Such is the entry referred to in article 101. Where an appli cation for a rehearing has been filed, the
There is no reason for making the date of such a registry the starting point of prescription for an appeal or writ of review. Relator’s application is, therefore, dismissed with costs.
070rehearing
On Application for Rehearing.
Applications for rehearing are not entertained on refusal of writs of review.
Reference
- Full Case Name
- RIMMER v. JONES BROS.
- Cited By
- 8 cases
- Status
- Published
- Syllabus
- Cebtiobiari — Application—Time oe Making. Under article 101 of the Constitution of 1898, applications for certiorari or writ of review to Courts of Appeal must be presented to the Supreme Court not later than 30 days after the decision of the Court of Appeal has been rendered and entered on the minutes, or after refusal of application for rehearing. [Ed. Note. — For cases in point, see Cent. Dig. vol. 9, Certiorari, §§ 57-63.] (Syllabus by the Court.)