Peralta v. Castro

California Supreme Court

Peralta v. Castro

15 Cal. 511

CourtCalifornia Supreme Court

DecidedJuly 1, 1860

StatusPublished

Cited by1 cases

This text of 15 Cal. 511 (Peralta v. Castro) 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

Peralta v. Castro, 15 Cal. 511 (Cal. 1860).

Pincite

Opinion

Cope, J. delivered the opinion of the Court

Field, C. J. concurring.

The appeal is taken from an order of the Probate Court of Santa Clara county, setting aside a judgment rendered by that Court refusing to admit a will to probate. This is not an appealable order. The cases in which an appeal may be taken from an order or judgment of the Probate Court, are fixed by the two hundred and ninety-seventh section of the Act to Regulate the Settlement of the Estates of Deceased Persons. The order appealed from in this case is not included in the provisions of that section. Sec. 300 was only intended to apply to the mode and manner of appealing. It cannot be construed as giving a right of appeal, in any case not provided for in the former section.

Appeal dismissed.

Free access — add to your briefcase to read the full text and ask questions with AI

Cope, J. delivered the opinion of the Court

Field, C. J. concurring.

The appeal is taken from an order of the Probate Court of Santa Clara county, setting aside a judgment rendered by that Court refusing to admit a will to probate. This is not an appealable order. The cases in which an appeal may be taken from an order or judgment of the Probate Court, are fixed by the two hundred and ninety-seventh section of the Act to Regulate the Settlement of the Estates of Deceased Persons. The order appealed from in this case is not included in the provisions of that section. Sec. 300 was only intended to apply to the mode and manner of appealing. It cannot be construed as giving a right of appeal, in any case not provided for in the former section.

Appeal dismissed.

Cite This Page — Counsel Stack

Bluebook (online)

15 Cal. 511, Counsel Stack Legal Research, https://law.counselstack.com/opinion/peralta-v-castro-cal-1860.

Opinion

Related

Cite This Page — Counsel Stack