Ruggles v. Superior Court

Citations

• 103 Cal. 125
• 37 P. 211
• 1894 Cal. LEXIS 737

Syllabus

<p>Estates of Deceased Persons—Order for Payment of Family Allowance-Effect of Appeal—Stay of Proceedings.—An appeal from an order directing an administrator to pay to the widow of the deceased a certain sum as accrued and unpaid family allowance operates as a supersedeas, and stays all further proceedings in the court in the particular matter involved in the order appealed from.</p> <p>Id.—Jurisdiction of Superior Court—Contempt Proceedings—Prohibition.—Upon an appeal which stays proceedings the subject matter is removed from the jurisdiction of the lower court until the appeal has been determined; and the superior court has no jurisdiction pending an appeal from an order directing the administrator to pay a certain sum of money upon a family allowance to punish the administrator for contempt in not obeying the order, and the supreme court will issue a writ of prohibition to prevent such proceedings, as being in excess of the jurisdiction of the superior court.</p> <p>Id.—Effectiveness of Appeal—Jurisdiction to Determine Whether Order Is Appealable.—Where an appeal from an order has been taken to the superior court, and that court has refused to dismiss it without prejudice, its determination is as effectual for the purposes of the case as if determined for all purposes; and the question whether the order appealed from shall be ultimately held appealable or not, is one that properly arises upon determination of the appeal pending in the supreme court, and cannot be considered upon an application to prohibit the superior court from proceeding to enforce its order, upon the ground that the order is not appealable.</p>