In re the Estate of Rose
Cases that cite this one
22 later published cases cite this decision.
- Banfield v. Schulderman (Or. 1931)
- Estate of Dunphy (Cal. 1910)
- William A. Goichman, on Behalf of Himself and a Class of All Persons Similarly Situated v. Rheuban Motors, Inc. (9th Cir. 1982)
- Lichty v. Whitney (Cal. Ct. App. 1947)
- Bily v. Allegheny County Board of Property Assessment, Appeals & Review (Pa. 1945)
- Goes v. Perry (Cal. 1941)
- Walker v. Houston (Cal. 1932)
- Wiemeyer v. Southern Trust & Commerce Bank (Cal. Ct. App. 1930)
- Metheny v. Davis (Cal. Ct. App. 1930)
- Bogue v. Roeth (Cal. Ct. App. 1929)
- Covington v. Grant (Cal. Ct. App. 1927)
- Boise Lumber Co. v. Independent School District (Idaho 1923)
- Blodgett v. Rheinschild (Cal. Ct. App. 1922)
- Rutherford v. McGee (Tex. App. 1922)
- Golden State Portland Cement Co. v. Ward Motor Car Co. (Cal. 1921)
- Gaines v. Clark (D.C. Cir. 1921)
- Bumiller v. Bumiller (Cal. 1918)
- Berry v. Bank of Bakersfield (Cal. 1918)
- Thomas v. Seattle Brewing & Malting Co. (Wash. 1908)
- In re Estate of Pearsons (Cal. 1897)
- Hyams v. Bamberger (Utah 1894)
- Norton v. Baxter (Minn. 1889)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
This is a motion to dismiss an appeal upon the ground that it-.was prematurely taken.
It appears from the. affidavits, on file that on the 12th of March, 1887, .findings-of • fact and an order or decree were signed and filed with the clerk, settling the account of H. Hirshfield, the. administrator of the estate of Rose, deceased. Afterward, .and on the twenty-seventh day of April, 1887, the administrator perfected an appeal to this -court from such order or decree.
At the time of -taking such appeal, the decree appealed from .had not been entered in the minute-book of the Superior Court of Tulare County, where the «proceedings were had and where the cause was pending.
In probate-cases, it is provided by section 1704 of the Code of Civil Procedure that “ all orders and decrees of the court or judge must be .entered at .length in the minute-book of the .court.”
If an appeal is taken in such a case, it “ must be taken .within sixty days■ after the order, decree, or judgment is entered.”
The appeal in this case was premature. (People v. Center, 66 Cal. 570; McLaughlin v. Doherty, 54 Cal. 519; Thomas v. Anderson, 55 Cal. 43.)
The motion is granted and the appeal dismissed.
McKinstry, J., Thornton, J., Sharpstein, J., Temple, J., McFarland, J., and Paterson; J., concurred.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.