Estate of Kennedy
California Supreme Court
APPEAL from a judgment of the Superior Court of the City and County of San Francisco against the sureties upon a bond to stay proceedings. James M. Troutt, Judge. The facts are stated in the opinion of the court. M. H. Wascerwitz, John J. Roche, and A. Ruef, for Appellants. Lucius L. Solomons, and Linforth & Whitaker, for Respondents.
1Opinion of the CourtTemple, J.
This appeal is from a judgment rendered against the sureties on an undertaking given to secure a stay of proceedings on appeal to the supreme court, after notice, and in pursuance of a stipulation contained in the undertaking. The appeal is by the sureties.
The undertaking was given on appeal from a decree of final distribution in the above estate dated July 27, 1896. The appeal was taken November 27, 1896, at which time the decree had not been entered, for which reason the appeal was dismissed as prematurely taken. The dismissal,' under such circumstances, did not operate as an affirmance of…
2Cases cited8 opinions
- McCallion v. Hibernia Savings & Loan SocietyCalifornia Supreme Court · 1893
- Brady v. BurkeCalifornia Supreme Court · 1891
- Ex parte SmithCalifornia Supreme Court · 1878
- In re Estate of PearsonsCalifornia Supreme Court · 1897
- Powers v. ChabotCalifornia Supreme Court · 1892
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3Cited by18 opinions
- Merritt v. J. A. Stafford Co.California Supreme Court · 1968
- Carter v. FrahmSouth Dakota Supreme Court · 1913
- Aronson v. Bank of America National Trust & Savings Ass'nCalifornia Court of Appeal · 1941
- Wilson v. MartinezWyoming Supreme Court · 1956
- People v. AdamsonCalifornia Supreme Court · 1949
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