Estate of Dunphy
California Supreme Court
MOTION to Dismiss an Appeal from an order of the Superior Court of the City and County of San Francisco-appointing a guardian of the estate and person of one adjudged incompetent. James M. Trontt, Judge. The facts are stated in the opinion of the court. Timothy J. Lyons, Bishop, Hoefler, Cook & Harwood, and Raymond Benjamin, for Appellant.
1Opinion of the CourtLorigan, J.
This is a motion to dismiss an appeal.
On August 7, 1909, in the above proceeding an order was made and filed in the superior court of the city and county of San Francisco adjudging James C. Dunphy to be an incompetent person and appointing a guardian of his person and estate. On August 9, 1909, a notice of appeal to this court, from said order was given. On August 31, 1909, the order made and appealed from was entered at length in the minute-books of the superior court.
The point made for a dismissal of the appeal is that it was prematurely taken. It is insisted that no appeal can be taken…
2Cases cited7 opinions
- In re the Estate of WiardCalifornia Supreme Court · 1890
- In Re Estate of BrewerCalifornia Supreme Court · 1909
- In re the Estate of RoseCalifornia Supreme Court · 1887
- In re Estate of PearsonsCalifornia Supreme Court · 1897
- In re Estate of ScottCalifornia Supreme Court · 1899
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3Cited by8 opinions
- In Re the Guardianship of the Person & Estate of BundyCalifornia Court of Appeal · 1919
- Banfield v. SchuldermanOregon Supreme Court · 1931
- Yeomans v. LambertonIdaho Supreme Court · 1917
- Kovalenko v. Kirkland & Ellis LLPDistrict Court, N.D. California · 2023
- Pennington v. US Assure Insurance Services of Florida, Inc.District Court, N.D. California · 2025
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