In re Skerrett
California Supreme Court
Appeal from an order of the Superior Court of the city and county of San Francisco distributing the estate of a decedent. Motion to dismiss appeal. The facts are stated in the opinion of the court.
1Opinion of the CourtBeatty, C. J.
In this case several persons, claiming to be heirs of the decedent, have joined in appealing from an order distributing a portion of the estate to a legatee. He now moves to dismiss the appeal, upon the ground, among others, that no undertaking was filed in time to render the appeal effectual. The notice of appeal was served January 30, 1889, and filed January 31, 1889. The undertaking was not filed until February 5th, which was one day too late to save the appeal. (Code Civ. Proc., sec. 940; Boyd y. Burrel, 60 Cal. 280.) But one of the appellants is the executor of a deceased heir, and…
2Cases cited1 opinion
- Boyd v. BurrelCalifornia Supreme Court · 1882
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- People v. ColeyCalifornia Court of Appeal · 1968
- Klein v. Southern Pac. Co.U.S. Circuit Court for the District of Oregon · 1905
- In Re Peter's EstateSupreme Court of Oklahoma · 1935
- Cuoio v. KoserisIdaho Supreme Court · 1948
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