In re Sanford's Estate

An appeal was taken to this court in the above estate from an order denying a motion for a new trial of the application for final distribution of the estate of said decedent. On the 3d of May, 1902, said appeal was by this court dismissed, and the remittitur therein issued on May 25, 1902, and filed in the superior court June 9, 1902. On August 11, 1902, counsel for appellant served notice that on September 8th thereafter he would move to recall said remittitur on various grounds specified therein. It will be observed from the recited dates that this application was made long after the expiration of the thirty days within which the court had control over its decision, and long after the decision became final. The moving counsel for appellant attempts to obviate the effect of this delay by a recital of facts in his affidavit accompanying the motion which he insists excuse it. He states therein that he left the city and county of San Francisco on May 2, 1902, and was absent from the city for nearly two months thereafter; that upon his return one of the members of the firm of attorneys associated with him in the case, and who had taken part in the appeal, was, and thereafter up to…