Lutz v. Christy

California Supreme Court

Lutz v. Christy

8 P. 39, 67 Cal. 457, 1885 Cal. LEXIS 670

California Supreme Court·Decided September 24, 1885·No. No. 9904·Published·Cited by 17 cases

Opinion

Foote, C.

The only matter disclosed by the. record here, which this court should consider, is the appeal from an order of the court below, refusing to set aside and vacate a former order of distribution and settlement of the final account of an executor.

In our opinion, such an order is not included in those enumerated in subdivision 3 of section 963 of the Code of Civil Procedure, and the appeal should be dismissed. (Blum v. Brownstone Bros. 50 Cal. 293; Estate of Callahan, 60 Cal. 232; Estate of Dean, 62 Cal. 613.)

Searls, C., and Belcher, C. C., concurred.

The Court. For the reasons given in the foregoing opinion the appeal is dismissed.

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Foote, C.

The only matter disclosed by the. record here, which this court should consider, is the appeal from an order of the court below, refusing to set aside and vacate a former order of distribution and settlement of the final account of an executor.

In our opinion, such an order is not included in those enumerated in subdivision 3 of section 963 of the Code of Civil Procedure, and the appeal should be dismissed. (Blum v. Brownstone Bros. 50 Cal. 293; Estate of Callahan, 60 Cal. 232; Estate of Dean, 62 Cal. 613.)

Searls, C., and Belcher, C. C., concurred.

The Court. For the reasons given in the foregoing opinion the appeal is dismissed.

Lutz v. Christy, 8 P. 39, 67 Cal. 457, 1885 Cal. LEXIS 670 (Cal. 1885).

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Opinion

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