Del Pino v. de Romero
Del Pino v. de Romero
Opinion of the Court
— The probate court of Pima county, on April 2, 1906, appointed the appellant administrator of the estate of Francisca Morales, deceased, and he duly qualified as such; but, on the petition of Librada de Romero, alleging that she was a daughter and the heir at law of the deceased, and as such was entitled to such appointment, the probate court revoked the letters that had been granted to the appellant, and removed him from the administratorship of the estate, and issued to the said Librada de Romero letters of administration for the same. From such judgment and decree of revocation and removal, the appellant gave notice of appeal, and presented to the district court of Pima county the transcript of the proceedings had in the probate court, but executed and filed no appeal bond. The district court, on September 13, 1906, dismissed the appeal for want of jurisdiction, upon the ground that no appeal bond had been filed in the probate court, and therefore no appeal had been perfected. The appellant gave notice of appeal from the judgment of dismissal entered in the district court, and has filed in this court the transcript of the proceedings in the probate and district courts, but has again given no appeal bond.
The appellee has interposed in this court a motion to dismiss the appeal, “upon the ground that the appellant has failed to execute or file any appeal bond herein, as required by paragraph 1506, Revised Statutes of 1901.” We held, in Putnam v. Putnam, 3 Ariz. 182 (sub nom. Sutherland v. Putnam, 21 Pac. 320), that the supreme court has no jurisdiction of a case upon appeal, unless an appeal bond in form as required by statute, or, in lieu thereof, an affidavit of inability to give bond, be filed in the lower court within twenty days after the term at which the judgment appealed from was rendered, and we have invariably adhered to that rule.
The proceedings had in this case being insufficient under the rule as above declared to perfect the appeal from the lower court and to confer upon this court jurisdiction, the appeal is dismissed.
KENT, C. J., and SLOAN and NAYE, JJ., concur.
Reference
- Full Case Name
- In the Matter of the Estate of FRANCISCA MORALES, M. PENA DEL PINO, and v. LIBRADA DE ROMERO, and
- Cited By
- 2 cases
- Status
- Published