Blum v. Brownstone Bros.
California Supreme Court
Appeal from the Probate Court, County of Santa Cruz. Blum was the guardian of the heirs of the estate of Nicholas Valencia, deceased. As such, lie had in his hands money belonging to the heirs. Brownstone Brothers presented an account to him against certain of the heirs, which he refused to allow, but agreed to submit to the Probate Court the question whether they should be paid. The court made an order that he pay the accounts, and upon this order an execution was issued.
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Appeal from the Probate Court, County of Santa Cruz. Blum was the guardian of the heirs of the estate of Nicholas Valencia, deceased. As such, lie had in his hands money belonging to the heirs. Brownstone Brothers presented an account to him against certain of the heirs, which he refused to allow, but agreed to submit to the Probate Court the question whether they should be paid. The court made an order that he pay the accounts, and upon this order an execution was issued. He moved to quash it, but the court denied the motion, and he appealed from the order.
1Opinion of the Court
By the Court:
An appeal to this Court is a procedure regulated by the provisions of the statute. The subjects of áppeat from the Probate Court to this Court, are enumerated in section 969 of the Code of Civil Procedure. An order entered in the Probate Court refusing to quash an execution is not one of these, and the appeal attempted here, therefore, cannot be supported.
Appeal dismissed.
2Cited by5 opinions
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- In re the Estate of WiardCalifornia Supreme Court · 1890
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- Ex parte FranceIndiana Supreme Court · 1911