Brown v. L. F. Starr

Citations

• 75 Cal. 163
• 16 P. 760
• 1888 Cal. LEXIS 497

Syllabus

<p>Homestead — Appraisement—Appealable Order—Special Order after Final Judgment. — A proceeding to have a homestead appraised at the instance of a judgment creditor is not a proceeding in the ease in which the judgment was rendered. And therefore the orders in such proceeding are not appealable as “special orders made after final judgment.”</p> <p>Id.—Final Judgment.—Where the appraisers report that the property is of a certain value, and the court remands the matter back to them with instructions to make division of the property, and refuses to give any other instructions, the order does not amount to a final judgment. There is no final judgment until the confirmation of the final report.</p> <p>Practice — Confirmation of Report. —Where the matter is remanded to the appraisers for further action, they must make a report of such action to the court, which report must be confirmed or rejected after reasonable notice.</p>