In re Skerrett

Citations

• 80 Cal. 62
• 22 P. 85
• 1889 Cal. LEXIS 859

Syllabus

<p>Estates of Deceased Persons — Distribution—Appeal by Executor of Deceased Heir—Appeal Bond.—An appeal from an order of distribution by an executor of a deceased heir does not entitle such executor to claim the benefit of section 965 of the Code of Civil Procedure as to bonds on appeal, the appeal not being from an order made in the settlement of the estate of which he is executor. To entitle such executor to the benefit of section 946 of the same code, an order must be made dispensing with the bond within the time allowed for filing the hond.</p> <p>Id. — Order Nunc pro Tunc— Dismissal of Appeal. — An order nunc pro tunc may be made to correct a mistake in failing to enter an order which was actually made, or which should have been made as a matter of course; but an omission to make an order dispensing with an appeal bond cannot be supplied by an order nunc pro tunc after the time for making it has elapsed. If such order was actually made, but not entered in time, the record should show that fact, and it cannot be shown by affidavits, on motion to dismiss an appeal for want of a bond, upon appeal.</p>