Bishop v. Glassen
Synopsis
Public Lands—Homestead.—Public Lands of the United States, in the Actual Occupation and exclusive possession of one party, are not subject to pre-emption or homestead settlement by another.
Appeal—Rehearing.—Where, on the Hearing in the Supreme Court, There is No Appearance for the appellant, and the judgment is affirmed, such judgment will not be vacated, for the purpose of another hearing, though a sufficient and good showing be made concerning such nonappearanee, so as to authorize the court to do> so, if it appears that it would be useless to do so for the reason that, upon another hearing, a like judgment must follow.
By the COURT. We have examined the transcript herein, and are of opinion that this case must be governed by the rulings of this court in Davis v. Scott, 56 Cal. 165, Hosmer v. Duggan, 56 Cal. 258, and McBrown v. Morris, 59 Cal. 64. This must result in an affirmance of the judgment. Conceding that the showing is sufficient to authorize the court to grant the motion here made, and vacate the judgment of affirmance heretofore rendered, it would be useless to do so where, upon the hearing, the like judgment must follow. The motion is therefore denied: Estate of Montgomery, 59 Cal. 584. Ordered accordingly.
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