In re Walkerley's Estate

California Supreme Court

In re Walkerley's Estate

40 P. 13, 5 Cal. Unrep. 5

CourtCalifornia Supreme Court

DecidedApril 2, 1895

DocketS. F. No. 6

StatusPublished

This text of 40 P. 13 (In re Walkerley'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 Walkerley's Estate, 40 P. 13, 5 Cal. Unrep. 5 (Cal. 1895).

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Opinion

PER CURIAM.

The order heretofore made, denying the motion to dismiss three certain appeals of Mary S. Doughty and others, is hereby vacated; for, upon further examination of the papers and records, it appears that notice of the first appeal—that from the decree of distribution—was not served upon all of the parties in interest, for that it was not served upon P. E. Whitney, Esq., representing William Bacon and others, and that, therefore, it should be dismissed. Also, as to the appeals attempted to be taken from “the order, judgment, and decree settling the final account of executors,” no" opposition being made to the motion to dismiss, and it being conceded upon argument by appellants’ attorney that the said last-mentioned appeals are imperfect, and have been abandoned, it is hereby ordered that each and all of said appeals be, and the same are hereby, dismissed.

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PER CURIAM.

The order heretofore made, denying the motion to dismiss three certain appeals of Mary S. Doughty and others, is hereby vacated; for, upon further examination of the papers and records, it appears that notice of the first appeal—that from the decree of distribution—was not served upon all of the parties in interest, for that it was not served upon P. E. Whitney, Esq., representing William Bacon and others, and that, therefore, it should be dismissed. Also, as to the appeals attempted to be taken from “the order, judgment, and decree settling the final account of executors,” no" opposition being made to the motion to dismiss, and it being conceded upon argument by appellants’ attorney that the said last-mentioned appeals are imperfect, and have been abandoned, it is hereby ordered that each and all of said appeals be, and the same are hereby, dismissed.

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Bluebook (online)

40 P. 13, 5 Cal. Unrep. 5, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-walkerleys-estate-cal-1895.