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· 5/4/1891

Pennie v. Superior Court of San Francisco

Citations

  • 89 Cal. 31
  • 26 P. 617
  • 1891 Cal. LEXIS 761

Syllabus

<p>Appeal — Stay Bond — Estates of Decedents — Family Allowance. — Upon an appeal by claimants of an estate, from an order requiring the administrator to pay a family allowance to another claimant, who has been declared to be the adopted child and sole heir of the deceased, an undertaking in the sum of three hundred dollars, given as required by section 941 of the Code of Civil Procedure, stays proceedings upon the order appealed from.</p> <p>Id. — Subsequent Order Requiring Payment — Excess of Jurisdiction—. Certiorari. — An order made in the superior court after such appeal has been perfected, directing the administrator to make the payment, is beyond the jurisdiction of the superior court, and will be annulled upon certiorari.</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • “Of course, a criminal defendant may forfeit a constitutional right by failing to timely assert it.”
  • “Generally, to preserve appellate review of a claimed error, there must be a contemporaneous objection made on the record at the earliest possible time. Otherwise, the issue is deemed waived on appeal”
  • “Gener- ally, to preserve appellate review of a claimed error, there must be a contemporaneous objection made on the record at the earliest possible time. Otherwise, the issue is deemed waived on appeal.” (punctuation omitted)
  • “Generally, to preserve appellate review of a claimed error, there must be a contemporaneous objection made on the record at the earliest possible time. Otherwise, the issue is deemed waived on appeal.” (citation and punctuation omitted)
  • “Generally, to preserve appellate review of a claimed error, ‘there must be a contemporaneous objection made on the record at the earliest possible time. Otherwise, the issue is deemed waived on appeal.’ . . . Spickler v. State, 276 Ga. 164, 167-168 (5) (575 SE2d 482) (2003).”
  • “Generally, to preserve appellate review of a claimed error, ‘there must be a contemporaneous objection made on the record at the earliest possible time. Otherwise, the issue is deemed waived on appeal.’. . . Spickler v. State, 276 Ga. 164, 167–168 (5) (575 SE2d 482) (2003).”

Source: CourtListener parenthetical corpus (CC0).

Judges: McFarland

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Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.