Buckley

— On the 28th of July, 1890, an order was made and entered in this cause, dismissing the appeal, and, under the rule of the court, remittitur was issued forthwith.- Subsequently, upon an ex parte showing, which seemed to be sufficient, the remittitur -was recalled, and the appellant moved the court to vacate or modify the order dismissing the appeal, on the ground that the same had been improvidently made, through a misconception of the facts and the records in the cause. The reasons for making the order were not then fully stated in the opinion, nor was it entirely correct in its statement of the rule of practice under the codes. The reasons then given will therefore be stricken out, but the motion to vacate the order dismissing the appeal or to modify the same must be denied.

The action was for forcible entry and detainer. Judgment for plaintiff, March 5,1890. On the 8th of March, notice of intention to move for a new trial, to be heard on the minutes of the court, was given. The motion came on regularly to he heard on the 11th of March, and was then overruled. On the same day, notice of appeal was given, and undertaking on appeal filed March 13th. On the 21st of March,…