In Re the Guardianship of the Person & Estate of Sullivan

California Supreme Court

In Re the Guardianship of the Person & Estate of Sullivan

244 P. 347, 198 Cal. 195, 1926 Cal. LEXIS 352

CourtCalifornia Supreme Court

DecidedFebruary 18, 1926

DocketDocket No. S.F. 11765.

StatusPublished

Cited by2 cases

This text of 244 P. 347 (In Re the Guardianship of the Person & Estate of Sullivan) 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.

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In Re the Guardianship of the Person & Estate of Sullivan, 244 P. 347, 198 Cal. 195, 1926 Cal. LEXIS 352 (Cal. 1926).

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Opinion

*196 SEAWELL, J.

This is a motion to dismiss an appeal perfected by one Robert P. Troy, from an order adjudging one Frank J. Sullivan to be an incompetent and appointing his children, Noel Sullivan and Gladys S. Doyle, guardians of his person and estate. Said attorney has, at all times during the pendency of the instant proceeding, and now subscribes himself as the attorney for the said Frank J. Sullivan and claims the authority to represent the latter in the premises. In the case of Sullivem v. Dunne, cmte, p. 183 [244 Pac. 343], it was determined by this court, on a proceeding in mcmdamus, that the said Robert P. Troy had no authority from the said Frank J. Sullivan to appear for him in the said cause and by reason thereof the notice of appeal and the notice to the clerk for the preparation of a record in accordance with section 953a of the Code of Civil Procedure were void and ineffectual. The appeal has not been taken, therefore, in accordance with law, and is subject to be dismissed on motion. (Title Ins. & Trust Co. v. California Development Co., 168 Cal. 397 [143 Pac. 723].)

From what has been said herein, and in the case of Sullivan v. Dunne, supra, the motion to dismiss the appeal must be granted and the appeal is dismissed.

Richards, J., Shenk, J., Lawlor, J., Curtis, J., Waste, C. J., and Lennon, J., concurred.

Rehearing denied.

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*196 SEAWELL, J.

This is a motion to dismiss an appeal perfected by one Robert P. Troy, from an order adjudging one Frank J. Sullivan to be an incompetent and appointing his children, Noel Sullivan and Gladys S. Doyle, guardians of his person and estate. Said attorney has, at all times during the pendency of the instant proceeding, and now subscribes himself as the attorney for the said Frank J. Sullivan and claims the authority to represent the latter in the premises. In the case of Sullivem v. Dunne, cmte, p. 183 [244 Pac. 343], it was determined by this court, on a proceeding in mcmdamus, that the said Robert P. Troy had no authority from the said Frank J. Sullivan to appear for him in the said cause and by reason thereof the notice of appeal and the notice to the clerk for the preparation of a record in accordance with section 953a of the Code of Civil Procedure were void and ineffectual. The appeal has not been taken, therefore, in accordance with law, and is subject to be dismissed on motion. (Title Ins. & Trust Co. v. California Development Co., 168 Cal. 397 [143 Pac. 723].)

From what has been said herein, and in the case of Sullivan v. Dunne, supra, the motion to dismiss the appeal must be granted and the appeal is dismissed.

Richards, J., Shenk, J., Lawlor, J., Curtis, J., Waste, C. J., and Lennon, J., concurred.

Rehearing denied.

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244 P. 347, 198 Cal. 195, 1926 Cal. LEXIS 352, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-guardianship-of-the-person-estate-of-sullivan-cal-1926.

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