Legal Opinion

In re the Estate of Montgomery

California Supreme Court

Decided November 15, 1881No. 7,997PublishedCited by 1 opinion

Appeal from an order in the Probate Court of Tehama County setting aside a homestead to the family of deceased. Mathew, J. The record on appeal consisted of the petition of the widow of deceased to have the homestead set apart for the use of the family, an order setting the thirteenth day of June, 1878, for the hearing of the petition, and directing notices to be posted, with an affidavit of posting, and the decree setting aside the homestead, the last of which is dated…

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Appeal from an order in the Probate Court of Tehama County setting aside a homestead to the family of deceased. Mathew, J. The record on appeal consisted of the petition of the widow of deceased to have the homestead set apart for the use of the family, an order setting the thirteenth day of June, 1878, for the hearing of the petition, and directing notices to be posted, with an affidavit of posting, and the decree setting aside the homestead, the last of which is dated November 5, 1878. A petition for hearing in bank was filed in this case after judgment, and denied.

1Opinion of the Court

The Court:

The notice of appeal was served and filed on the third day of January, 1879. At the recent session of this Court, at Sacramento, the case being duly on the calendar, was called, and, there being no appearance on behalf of the appellant, nor any points or authorities on file, the judgment, bn motion of respondent’s attorney, was affirmed.

Appellant’s counsel now moves to have said order of affirmance vacated on the ground that negotiations were pending at and before said cause was called for argument, which induced them to believe that respondent’s counsel would consent to a…

2Cited by1 opinion

  1. Faris v. LampsonCalifornia Supreme Court · 1887

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