Estate of Treadwell

Citations

• 111 Cal. 189
• 43 P. 584
• 1896 Cal. LEXIS 564

Syllabus

<p>Appeal—Order Revoking Letters oe Guardianship—Acquiescence— Resignation — Settlement oe Accounts — Dismissal of Appeal — Where an appeal has been taken from an order revoking and annulling letters of guardianship, the subsequent resignation by the guardian of his office, and the acceptance thereof by the court, together with the settlement of his accounts, operates as an acquiescence in the previous order of the court annulling his letters, and precludes him from assigning any error in such order, and renders proper an order dismissing the appeal upon the ground that all matters involved in the appeal were disposed of.</p> <p>Id.—Notice to Recall Remittitur—Failure to Serve Notice of Dismissal—Non-Appearance at Argument of Cause — Denial of Motion.—The court will not in such case recall the remittitur for failure of. the respondent to serve appellant with notice of motion to dismiss the appeal, where there was no appearance on behalf of the appellant when the case was called for argument in its order on the calendar, and the respondent in his absence then made a showing of facte upon which the court made the order dismissing the appeal, and where there is no counter showing of any false suggestion to the court or of any mistake as to the facts of the case.</p>