In Re Estate of Nutt
California Supreme Court
MOTION to dismiss an appeal from a judgment of the Superior Court of Los Angeles County. Chas. Monroe, Judge. Denied. The facts are stated in the opinion of the court.
1Opinion of the CourtAngellotti, C. J.
This is a motion to dismiss an appeal taken by W. Ray Simpson, the proponent of an alleged will of 'deceased, from a judgment sustaining the opposition of two heirs of deceased to the probate thereof. One of the grounds of the motion is that the appeal was not taken within sixty days after the entry of judgment. [1] But it was taken within thirty days after the entry of an order denying proponent’s attempted motion for a new trial, which was in time if such a proceeding was duly initiated. (Code Civ. Proc., sec. 939.)
[2] Under section 663a of the Code of Civil Procedure, the party desiring to…
2Cases cited2 opinions
- Johnson v. Phenix InsuranceCalifornia Supreme Court · 1905
- Whiting-Mead Commercial Co. v. Bayside Land Co.California Supreme Court · 1918
3Cited by9 opinions
- Pomper v. BehnkeCalifornia Court of Appeal · 1929
- Anderson v. Standard Lumber Co.California Court of Appeal · 1923
- King v. WilsonCalifornia Court of Appeal · 1950
- Radford v. Crown City Lumber & Mill Co.California Court of Appeal · 1958
- Bergman v. American National BankWyoming Supreme Court · 1944
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