Bergin v. Hinckley

Citations

• 123 Cal. 166
• 55 P. 896
• 1898 Cal. LEXIS 1006

Syllabus

<p>Contract to Pay Money—Maturity oe Cause of Action—Determination of Heirship—Abandoned Appeal—Right of Dismissal.—A contract to pay money within one year after the determination-of the right and title of the promisor to the estate of the decedent i-n proceedings then pending, to determine sole heirship of the promisor thereto, under section 1664 of the Code of Civil' Procedure, became due within one year after the promisor’s-, title as sole heir was finally determined upon all appeals prosecuted from the judgment establishing it, and after the right of the only other appellants therefrom was abandoned and lost, though not formally dismissed until within one year prior to an action, on the contract. The right acquired to dismiss the abandoned appeal was, for the purpose of commencing sucia action, equivalent to a formal dismissal.</p> <p>Id.—Subsequent Proceedings—Motion to Set Aside Decree—Distribution—Appeal.—Subsequent proceedings not included within the terms of the contract, cannot affect the maturity of its obligation. The subsequent action of one set of the appellants, whose rights were determined against them and in favor of the one claiming to be sole heir, in moving to dismiss the proceeding as not having been properly entered, and in appealing from an order denying the motion, cannot affect the previous final determination of the rights of such appellant. Subsequent proceedings for distribution to the one determined to be the sole heir, and appeals taken from the order of distribution, are not within the terms of the contract.</p>