In re Moss

Citations

• 120 Cal. 695
• 53 P. 357
• 1898 Cal. LEXIS 837

Syllabus

<p>Incompetent Person—Order Appointing Guardian—Appeal—“Aggrieved Party.”—An order appointing a guardian of a person alleged to be incompetent to manage his property is appealable, and the alleged incompetent is “an aggrieved party” who has a right of appeal from such order</p> <p>Id.—Mode of Taking Appeal—Construction of Code.—Section 372 of the Code of Civil Procedure, requiring an insane or incompetent person to appear either by his general guardian or by his guardian ad Ktem appointed by the court, does not apply to a case where the very question involved is the validity of the order of guardianship itself, and where the appeal is taken directly from that order; and such an appeal may be taken by the alleged incompetent person, by his attorneys, who appeared for him in the proceeding in which the order of guardianship was'made.</p> <p>Id.—Effect of Appeal.—No judgment or order of a superior court is final when an appeal from it is duly pending; and the appellant’s rights to the control of his property cannot be held as finally concluded against him by an order from which he has appealed, and from which he has a right to appeal.</p>