Muller

Respondent’s motion to recall and vacate remittitur.

On April 6, 1922, plaintiff, Mildred Muller, obtained a judgment, after verdict by jury, against defendant, Union Traction Company, a corporation, for $38,000 as damages for personal injuries. Defendant appealed. Subsequently, plaintiff, in another action, recovered a verdict for $118,000 against the Coast Counties Gas and Electric Company, the principal stockholder of said Union Traction Company, upon the same cause of action previously declared upon against said Union Traction Company. A stay of entry of judgment and of further proceedings was granted in the second action until the appeal in the first action was heard and determined. On June 26, 1924, after the transcript and briefs on appeal in said first action were filed, but before said cause was placed on the calendar for argument, appellant Union Traction Company filed herein a dismissal of said appeal and a request that the remittitur issue forthwith, and the presiding justice of this court signed and caused to be filed an order to that effect. The remittitur was issued forthwith accordingly and was immediately transmitted to the clerk of the court from which the…