Opinion · California Supreme Court

Lutz v. Christy

67 Cal. 457

Type
Opinion
Court
California Supreme Court
Jurisdiction
California
Date
1885-09-24
Topic
estate-planning

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.

Citator

UpLaw has not yet analyzed Lutz v. Christy. The absence of a flag is not a finding that it is good law.

Cited by
17 opinions
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.