Legal Opinion

In re Moss

California Supreme Court

Decided May 26, 1898No. Sac. No. 457PublishedCited by 14 opinions

MOTION in the Supreme Court to dismiss an appeal from an order of the Superior Court of San Joaquin County appointing a guardian for an alleged incompetent person. Joseph H. Budd, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtMcFARLAND, J.

This is a motion to dismiss an appeal talien by William F. Moss from an order of the superior court appointing a guardian for him upon the ground of alleged incompetency, under sections 1763 and 1764 of the Code of' Civil Procedure.

1. The first contention of respondents is, that the order appealed from is not an appealable order. They say in their brief that “the adjudication of incompetency is not appealable.” It is not necessary to consider whether or not the order appealed from would be viewed as a final judgment if there were no express provision for an appeal from it; for the code…

2Cited by14 opinions

  1. Sullivan v. DunneCalifornia Supreme Court · 1926
  2. Gottwals v. RencherNevada Supreme Court · 1939
  3. Sacks v. Superior CourtCalifornia Supreme Court · 1948
  4. O'Donnell v. Sixth Judicial District CourtNevada Supreme Court · 1917
  5. Coburn v. HynesCalifornia Supreme Court · 1911

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