Home for the Care of Inebriates v. Kaplan

Citations

• 84 Cal. 486
• 24 P. 119
• 1890 Cal. LEXIS 827

Syllabus

<p>Premature Appeal —Dismissal. — An appeal taken before the judgment is entered of record is premature, and must be dismissed.</p> <p>Id. — Eepeot op Abortive Appeal. — An appeal taken prematurely, or in any other than the prescribed mode, is abortive, and leaves the cause in the court below as undisturbed as though no attempt had been made to remove it to this court.</p> <p>Id.—Mandamus — Void Substitution op Successor in Oppioe. — When a manlamm proceeding against an officer has been prematurely appealed, an ex parte order substituting the successor in office of the appellant made by this court inadvertently is invalid, and must fall with the futile appeal, for want of a case to support it.</p>