Legal Opinion

Lutz v. Christy

California Supreme Court

Decided September 24, 1885No. 9904PublishedCited by 17 opinions

Appeal from an order of the Superior Court of Sacramento County refusing to set aside an order of distribution and settlement of the final account of an executor. The facts are stated in the opinion.

1Opinion of the Court

Foote, C.

The only matter disclosed by the. record here, which this court should consider, is the appeal from an order of the court below, refusing to set aside and vacate a former order of distribution and settlement of the final account of an executor.

In our opinion, such an order is not included in those enumerated in subdivision 3 of section 963 of the Code of Civil Procedure, and the appeal should be dismissed. (Blum v. Brownstone Bros. 50 Cal. 293; Estate of Callahan, 60 Cal. 232; Estate of Dean, 62 Cal. 613.)

Searls, C., and Belcher, C. C., concurred.

The Court. For the reasons given in…

2Cases cited2 opinions

  1. Estate of CalahanCalifornia Supreme Court · 1882
  2. Blum v. Brownstone Bros.California Supreme Court · 1875

3Cited by17 opinions

  1. In re BauquierCalifornia Supreme Court · 1891
  2. Estate of O'DeaCalifornia Supreme Court · 1940
  3. Tuohy's EstateMontana Supreme Court · 1899
  4. In re the Estate of WiardCalifornia Supreme Court · 1890
  5. In re the Estate of WittmeierCalifornia Supreme Court · 1897

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