In re Meade's Estate

California Supreme Court

In re Meade's Estate

49 P. 5, 5 Cal. Unrep. 678

CourtCalifornia Supreme Court

DecidedMay 27, 1897

DocketS. F. No. 753

StatusPublished

This text of 49 P. 5 (In re Meade's Estate) 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 Meade's Estate, 49 P. 5, 5 Cal. Unrep. 678 (Cal. 1897).

Pincite

Opinion

PER CURIAM.

This is a motion to dismiss an appeal, in which the moving party denies the right of the appellant to appeal, and the right of the attorney who gave the notice as attorney for appellant to act as such. Affidavits were filed showing that the appellant had never appeared in the probate court at all, and, of course, had no attorney of record. It does appear, however, from the record, that the appellant is a party aggrieved by the order.

We must presume that the attorney had authority to appear for and represent the appellant, from the mere fact that he assumes to do so. A person whom the record shows to be a party aggrieved may appeal, although he has not previously appeared in the case. We will not consider upon this mo[679]*679tion whether the alleged will was such, or did, if probated, confer any rights upon appellant. These points involve the merits of the appeal. Motion denied.

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PER CURIAM.

This is a motion to dismiss an appeal, in which the moving party denies the right of the appellant to appeal, and the right of the attorney who gave the notice as attorney for appellant to act as such. Affidavits were filed showing that the appellant had never appeared in the probate court at all, and, of course, had no attorney of record. It does appear, however, from the record, that the appellant is a party aggrieved by the order.

We must presume that the attorney had authority to appear for and represent the appellant, from the mere fact that he assumes to do so. A person whom the record shows to be a party aggrieved may appeal, although he has not previously appeared in the case. We will not consider upon this mo[679]*679tion whether the alleged will was such, or did, if probated, confer any rights upon appellant. These points involve the merits of the appeal. Motion denied.

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Bluebook (online)

49 P. 5, 5 Cal. Unrep. 678, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-meades-estate-cal-1897.