Rhea v. Surryhne (1870) · DecisionDepot

Rhea v. Surryhne

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Jul 1, 1870 No. No. 2,459Published

Before: Rhodes

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Holding. The court held that a petition for modification of judgment is effectively a petition for rehearing, which is prohibited by Rule 20 of the Court.

Issues

Whether a petition for modification of judgment is permissible under the Court's rules.
Whether the petition should be stricken from the files.

Disposition. Petition stricken from the files.

Quotations verified verbatim against the opinion

“The clerk is directed to-strike the petition from the files of the Court.”

Synopsis

Practice—Modification of a Judgment.—A modification of a judgment cannot be made in this Court, until a re-hearing has been granted.

Rhodes, C. J., delivered the opinion of the Court, Sprague, J., and Wallace J., concurring;

The respondent has filed a petition for the modification of the judgment. The desired modification could not be made consistently with the practice of this Court, until after rehearing had been granted. The petition is, in effect, a [582]petition for re-hearing, and this is forbidden by Bule 20 of the Court.

The clerk is directed to-strike the petition from the files of the Court.

Crockett, J., and Temple,. J., expressed no opinion

Rhea v. Surryhne

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