Broadribb v. Tibbets (1882) · DecisionDepot

Broadribb v. Tibbets

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Apr 21, 1882 No. No. 8,311Published

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Holding. The court held that an order denying a motion for default judgment and a motion to remove a guardian is not an appealable order under Section 963 of the Code of Civil Procedure.

Issues

Whether an order denying a motion for default judgment and removal of a guardian is appealable under Section 963, C. C. P.

Disposition. Appeal dismissed.

Quotations verified verbatim against the opinion

“Section 963, C. C. P., enumerates the cases in which an appeal may be taken from a Superior Court to the Supreme Court, and the order above specified is not embraced in said enumeration.”

Synopsis

Appealable Ordeb.—An order denying defendant’s motion for judgment by default on bis cross-complaint is not appealable.

Appeal from an order of the Superior Court of San Bernardino Co. Bolee, J.

The Court: The appeal in this case is “from the order of said Court (the Superior Court of San Bemandino county) denying defendant’s motion for judgment by default against H. Good-cell, Jr., guardian of William Broadribb, insane, for the sum of one hundred and thirty-seven dollars and forty-four cents, and that said Goodcell be removed from the position of guardian as prayed in defendant’s cross-complaint.”

Section 963, C. C. P., enumerates the cases in which an appeal may be taken from a Superior Court to the Supreme Court, and the order above specified is not embraced in said enumeration.

Appeal dismissed.

Broadribb v. Tibbets

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