Estate of Campbell

California Supreme Court

Estate of Campbell

74 P. 550, 141 Cal. 72, 1903 Cal. LEXIS 474

CourtCalifornia Supreme Court

DecidedNovember 16, 1903

DocketS.F. No. 3713.

StatusPublished

Cited by4 cases

This text of 74 P. 550 (Estate of Campbell) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Estate of Campbell, 74 P. 550, 141 Cal. 72, 1903 Cal. LEXIS 474 (Cal. 1903).

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Opinion

Decrees were entered herein making final distribution in February, 1903, and discharging the administratrix with the will annexed in April, 1903. Notices of appeal from these decrees were served August 15th following. — more than sixty days after their entry. Respondent moves to dismiss the appeals upon the ground that the notices were not served in time.

The motion must be granted. The time for appealing from probate orders, judgments, and decrees is limited by section 1715 of the Code of Civil Procedure to sixty days from date of entry, and this court has no jurisdiction of an appeal attempted after the lapse of that time. The decisions to this effect are numerous, and the language of the statute is plain. *Page 74 (See Estate of Wiard, 83 Cal. 619, and the numerous cases in which that decision has been cited and followed.)

The appeals are dismissed.

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Decrees were entered herein making final distribution in February, 1903, and discharging the administratrix with the will annexed in April, 1903. Notices of appeal from these decrees were served August 15th following. — more than sixty days after their entry. Respondent moves to dismiss the appeals upon the ground that the notices were not served in time.

The motion must be granted. The time for appealing from probate orders, judgments, and decrees is limited by section 1715 of the Code of Civil Procedure to sixty days from date of entry, and this court has no jurisdiction of an appeal attempted after the lapse of that time. The decisions to this effect are numerous, and the language of the statute is plain. *Page 74 (See Estate of Wiard, 83 Cal. 619, and the numerous cases in which that decision has been cited and followed.)

The appeals are dismissed.

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Bluebook (online)

74 P. 550, 141 Cal. 72, 1903 Cal. LEXIS 474, Counsel Stack Legal Research, https://law.counselstack.com/opinion/estate-of-campbell-cal-1903.

Opinion

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