In re the Estate of Rose
California Supreme Court
Appeal from, an order of the Superior Court of the county of Kern confirming a sale of real estate. The decree directing the sale was not appealed from, but treated as void. The additional facts sufficiently appear in the opinion of the court.
1Opinion of the CourtMyrick, J.
This is an appeal from an order confirming the sale of property sold as real estate, and directing a conveyance to be made.
The appeal was in time. The sixtieth day fell on Monday, January 2, 1882. The 1st day of January, 1882, being Sunday, the ensuing Monday was a non-judicial day (§ 11, Code Civ. Proc.), and the notice given on Tuesday, January 3d, was intime. (§12.) The motion to dismiss is therefore denied.
The petition for the sale of the property is fatally defective. Section 1537 of the Code of Civil Procedure requires that the petition set forth the amount of personal estate that has…
2Cited by6 opinions
- In re RoseCalifornia Supreme Court · 1889
- Alford v. Industrial Accident CommissionCalifornia Supreme Court · 1946
- People v. MaloneCalifornia Supreme Court · 1931
- McNutt v. StateSupreme Court of Arkansas · 1924
- Grande v. DonovanCalifornia Court of Appeal · 1942
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