Miocene Ditch Co. v. Campion Mining & Trading Co.

By petition filed herein on behalf of the Wild Goose Mining & Trading Company and C. B. Greeley the court is asked to recall its mandate issued upon a final judgment here given at the September term, 1911, by which judgment that of the trial court was reversed, and the cause remanded to it for a new trial. Upon the going down of the mandate, the cause was again set for trial and tried, after which the trial court announced its conclusion, but before the making of findings or the entry of judgment the present petitioners presented to the court a petition for leave to there intervene in the case and set up their alleged rights in the property in question. That application it appears is still pending and undetermined in the court below. The moving papers in the proceedings here further show that the motion made for the recall of our mandate is based upon alleged collusion between the attorneys for the respective parties to the suit, to the alleged injury of the petitioners, who now claim to be the real parties in interest. The motion not having been made until several months after the end of the term at which the judgment of this court was given and its mandate sent down, the…