Bernal v. Wade

Decided July 1, 1873

California Supreme Court · decided 1873-07-01

Application to recall remittitur and to he allowed to file a petition for a rehearing. The appeal, which was from a judgment rendered in the District Court of the Third Judicial District, City and County of San Francisco, was decided October 14th, 1873.

Relies on Hanson v. McCue

Good law ✅— No negative treatment on recordhow we know

Decided 1873-07-01

How this case has been cited

Cited by 3 later decisions — most recently October 1943

3 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

By the Court:

¶1The time to file the petition for a rehearing expired on November eighth. The petition was placed in the express office at San José for transmission to the Clerk of this Court, and should have reached him in time to be filed, but it was not, in fact, received until the tenth of November, when the remittitur had been sent to the Court below. The case is not distinguishable from that of Hanson v. McCue, 43 Cal. 178, and the remittitur must, therefore, be recalled and the petition for a rehearing placed on file.

¶2So ordered.