Dempsey v. Billinghurst
Dempsey v. Billinghurst
Opinion of the Court
Respondent’s attorneys ask leave to file a petition for a rehearing of this case. The case was decided and the opinion filed October 28, 1895. 64 N. W. 1124; 7 S. D. 564. Under rule 24, which took effect April 4, 1893, the remit-titur was held in this court 30 days thereafter, when, no petition for rehearing having been filed, nor any application made for a longer stay of the remittitur, the case was regularly remitted to the trial court. Several days thereafter this application to present a petition for a rehearing was filed, the application itself being dated after the remittitur and case had gone from this court. Ordinarily, and without a rule upon this subject, a petition for rehearing may be made at any time during the term at which the case is decided, provided the case is still
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- Where, after the decision of a case in this court, the remittitur goes down, UDder the rules of the court, and without fraud, accident, or inadvertence, this court loses jurisdiction of the case, and will not entertain an application for rehearing. (Syllabus by the Court.