Nor would it benefit respondents if we should consider this motion as one seeking permission to apply to the superior court for relief, as the motion does not contain or set up any statutory ground for attacking the judgment there entered or about to be entered.
Moreover, this is not a proper matter to be considered in a petition or motion to recall the remittitur.
Henneford, supra, and also State ex rel. County Commissioners, supra, where we held the remittitur could not be recalled, even upon the stipulation of the parties, to consider the effect of a subsequent statute.
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