In re Estate of Danielson
Citations
- 88 Cal. 480
- 26 P. 505
- 1891 Cal. LEXIS 719
Syllabus
<p>Appeal — Dismissal — Failure to File Undertaking — Order Revoking Letters ojt Administration. — An administrator of an estate, who appeals from an order of the superior court revoking his letters of administration, is required to give an undertaking on appeal, and the appeal will he dismissed where no undertaking on 'appeal is filed, although it appears from the transcript that an order was made dispensing with the security.</p> <p>Id. — Construction . op Code — Proceeding upon Estate — Acting in Another’s Right. — An appeal by an administrator of an estate from an order revoking his letters is not a proceeding had upon the estate of which he was administrator, within the meaning of section 965 of the Code of Civil Procedure, providing that no bond need be given in such - cases; nor is he acting in another’s right in taking such appeal, within the meaning of section 946 of the Code of Civil Procedure, providing for an order dispensing with the security on appeal.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that statutory notice requirements are distinct from constitutional notice requirements
- when different paragraphs of a statute are “set forth in the conjunctive, compliance with each paragraph is required”
- “On appeal, we review de novo the trial court’s decision on a motion for judgment on the pleadings, and we construe the complaint in a light most favorable to the [non-movant], drawing all reasonable inferences in his favor.” (citations and punctuation omitted)
- “On appeal, we review de novo the trial court’s decision on a motion for judgment on the pleadings, and we construe the complaint in a light most favorable to the [non- movant], drawing all reasonable inferences in his favor.” (citations and punctuation omitted)
- “On appeal, we review de novo the trial court’s decision on a motion for judgment on the pleadings, and we construe the complaint in a light most favorable to the [non- movant], drawing all reasonable inferences in his favor.” (citations and punctuation omitted)
Source: CourtListener parenthetical corpus (CC0).
Judges: Temple
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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