Miller v. Thomas
California Supreme Court
Appeal from certain portions of an interlocutory decree in partition, rendered in the Superior Court of Santa Clara County. The action was brought for the partition of the Los Animas rancho, situated in Santa Clara County. The appeal was taken from so much of the interlocutory decree as directed the allotment of one sixteenth of the rancho to Henry Miller, and others not named in the notice of appeal.
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Appeal from certain portions of an interlocutory decree in partition, rendered in the Superior Court of Santa Clara County. The action was brought for the partition of the Los Animas rancho, situated in Santa Clara County. The appeal was taken from so much of the interlocutory decree as directed the allotment of one sixteenth of the rancho to Henry Miller, and others not named in the notice of appeal. In the decree, specific tracts were allotted to Miller, and other specific tracts were allotted to others. The claim made by the appellants, and denied by the court below, was to a specific part…
1Opinion of the Court
The Court.
— A motion was made to dismiss the appeal herein, which was denied. In deciding the motion, this court said: “ So far as appears to us from the transcript, the judgment might be modified, if necessary or proper, without affecting the right of any party not *438served ” with notice of appeal. “ If, however, it should appear on the final hearing that the necessary parties are not before the court on this appeal, the appeal will be held ineffectual.” (71 Cal. 406.) The cause has since been argued, and upon full examination of the record in the light of the argument, we are of opinion that…
2Cases cited1 opinion
- Miller v. ThomasCalifornia Supreme Court · 1886
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