Raskin v. Robarts

Citations

• 4 Cal. Unrep. 465
• 35 P. 763
• 1894 Cal. LEXIS 1182

Syllabus

<p>Appeal—Time for Taking—Dismissal.—An appeal from a decree, not taken within a year from its entry, will be dismissed.</p> <p>Executors—Accounting.—Where an Executor Stated in his petition for the probate of the will that a part of the estate consisted of a sum of money in his hands, and he died without rendering an account, a finding that such sum came into his hands while acting as executor is justified.</p> <p>New Trial.—Where There is No Specification in the Statement on motion for a new trial that a finding of fact is not justified by the evidence, and counsel do not make that point, the question whether it is justified cannot be considered on appeal from an order denying a new trial.</p> <p>Appeal.—The Question Whether a Conclusion of Law is supported by the findings of facts cannot be considered on appeal from an order denying a new trial.</p>