Estate of Fay
California Supreme Court
MOTION to dismiss an appeal from an order of the Superior Court of Santa Clara County requiring an administrator of an alleged deceased person to return to him the estate administered upon. M. H. Hyland, Judge. The facts are stated in the opinion of the court.
1Opinion of the Court
THE COURT.
—Motion to dismiss the appeal. In the under taking on appeal herein the sureties undertook and promised “that the appellant will pay all damages and costs which may be awarded against him on the appeal, not exceeding three hundred dollars,” but the undertaking does not contain an agreement on their part that he will make such payment “on a dismissal thereof,” as required by section 941 of the Code of Civil Procedure. In Duncan v. Times-Mirror Co., 109 Cal. 602, it was held that the omission of these words is fatal, and the appeal therein was for that reason dismissed. In Duffy v.…
2Cases cited2 opinions
- In re Estate of HeydenfeldtCalifornia Supreme Court · 1897
- Gordon v. RossCalifornia Supreme Court · 1852
3Cited by4 opinions
- Costa v. Superior CourtCalifornia Supreme Court · 1902
- Cohen v. ConnickCalifornia Court of Appeal · 1915
- Jarman v. ReaCalifornia Supreme Court · 1900
- Fay v. CostaCalifornia Court of Appeal · 1905