Kasal v. Kasal

Per Curiam. On March 14, 1949, defendant filed with this court a motion for an order vacating and setting aside the judgment for costs entered in favor of plaintiff in the sum of $550.25 and requiring plaintiff to pay to defendant all necessary expenses and a reasonable attorneys’ fee upon the appeal. The remittitur in the above action (Kasal v. Kasal, 227 Minn. 529 , 35 N. W. [2d] 745) was regularly sent down to the trial court on February 15, 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 court below for enforcement, and such remittitur has been filed in the 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. 66 Minn. 358, 360 , 68 N. W. 1062 , 69 N. W. 886 . See, Farmers & M. State Bank v. Mellum, 174 Minn. 605 , 219 N. W. 179 ; State, by Benson, v. Erickson, 188 Minn. 633 , 247 N. W. 687 ; State v. Waddell, 191 Minn. 475 , 254 N. W. 627 ; 16 Minn. L. Rev. 700 ; 1 Dunnell, Dig. & Supp. § 453. Motion denied.