In re Boyd
California Supreme Court
Appeal from the Probate Court, El Dorado County. This was an appeal taken by F. A. Hornblower, Public Administrator of El Dorado County, from an order of the Probate Court of that county, appointing J. H. Potter administrator of the estate of James Boyd, deceased. The appeal was dismissed on motion of respondent’s attorney. Appellant afterwards, and at the same term, moved the Court to set aside the order dismissing the appeal.
1Opinion of the Court
By the Court, Sawyer, J.
This is a motion to set aside the order dismissing the appeal. The first ground relied on by the respondent in his motion to dismiss the appeal was, that the transcript was certified by the Clerk without having been first submitted to the attorney of the respondent for his certificate. It is claimed that under Rule IX the transcript cannot be certified by the Clerk except in cases “ where the parties do not agree.” These words in the rule might, perhaps, as well have been omitted, but the restriction contended for was not contemplated; nor is such a limitation…
2Cases cited1 opinion
- Hutton v. ReedCalifornia Supreme Court · 1864
3Cited by6 opinions
- Treadwell v. DavisCalifornia Supreme Court · 1868
- Harper v. MinorCalifornia Supreme Court · 1864
- DeCamp v. Central Arizona Light & Power Co.Arizona Supreme Court · 1936
- Ex parte HernándezSupreme Court of Puerto Rico · 1914
- Ex parte HernándezSupreme Court of Puerto Rico · 1914
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