Ex parte Zalduondo Veve
Ex parte Zalduondo Veve
Opinion of the Court
delivered the opinion of the Court.
This is a motion to dismiss an appeal for lack of notice to all the alleged necessary parties. A similar motion was presented in this case and denied in a resolution dated June 5, 1934. The appellees, purporting to be armed with a most adequate certificate from the clerk of the district court, have again moved to dismiss. The theory of the motion is that only the commissioner (contador-partidor) and some of the heirs in the testamentary proceeding were notified of the appeal, while some of the other heirs, the National City Bank, a creditor, and the district attorney were not so notified. We are not convinced that the National City Bank or the district attorney was a necessary party. The notice of appeal was addressed to E. Campos del Toro, confessedly attorney for some of the heirs. The certificate from the clerk of the district court shows a petition made by the various heirs and signed by three attorneys, namely, Francisco González Jr., E. Campos del Toro, and Raúl Benedicto, “attorneys for
The motion will be denied.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.