In re Estate of Backus

California Supreme Court

In re Estate of Backus

30 P. 796, 95 Cal. 671, 1892 Cal. LEXIS 887

CourtCalifornia Supreme Court

DecidedAugust 19, 1892

DocketNo. 14581

StatusPublished

Cited by3 cases

This text of 30 P. 796 (In re Estate of Backus) 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

In re Estate of Backus, 30 P. 796, 95 Cal. 671, 1892 Cal. LEXIS 887 (Cal. 1892).

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Opinion

Sharpstein, J.

Appellants, who style themselves “ proponents of the last will and testament of James H. Backus, deceased,” appeal from a judgment entered May 29, 1890, refusing probate to said will.

The notice of appeal is dated May 25,1891, and on that day was served. Section 1715 of the Code of Civil Procedure provides'that the appeal in such a case must be taken within sixty days after the order, decree, or judgment is entered. This appeal was not taken until nearly a year afterwards, and counsel for respondent claim in their points and authorities that it should be dismissed. The question has been repeatedly before this court, and it has uniformly been held that such appeals must be taken within the time prescribed by section 1715 of the Code of Civil Procedure. (Estate of Burns, 54 Cal. 223; In re Grider, 81 Cal. 574; In re Wiard, 83 Cal. 619; In re Fisher, 75 Cal. 523; Estate of Harland, 64 Cal. 379; Estate of Burton, 64 Cal. 428; In re Sanderson, 74 Cal. 199.)

Appeal dismissed.

De Haven, J., and McFarland, J., concurred.

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Sharpstein, J.

Appellants, who style themselves “ proponents of the last will and testament of James H. Backus, deceased,” appeal from a judgment entered May 29, 1890, refusing probate to said will.

The notice of appeal is dated May 25,1891, and on that day was served. Section 1715 of the Code of Civil Procedure provides'that the appeal in such a case must be taken within sixty days after the order, decree, or judgment is entered. This appeal was not taken until nearly a year afterwards, and counsel for respondent claim in their points and authorities that it should be dismissed. The question has been repeatedly before this court, and it has uniformly been held that such appeals must be taken within the time prescribed by section 1715 of the Code of Civil Procedure. (Estate of Burns, 54 Cal. 223; In re Grider, 81 Cal. 574; In re Wiard, 83 Cal. 619; In re Fisher, 75 Cal. 523; Estate of Harland, 64 Cal. 379; Estate of Burton, 64 Cal. 428; In re Sanderson, 74 Cal. 199.)

Appeal dismissed.

De Haven, J., and McFarland, J., concurred.

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Bluebook (online)

30 P. 796, 95 Cal. 671, 1892 Cal. LEXIS 887, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-estate-of-backus-cal-1892.

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