Estate of Harland

California Supreme Court Dec 14, 1883Published

AI Brief

AI-generated · verify before citing

Holding. The court held that the appeal was untimely because it was not filed within sixty days of the entry of the order denying the application to set aside a homestead.

Issues

Whether an appeal from an order denying a homestead application must be taken within sixty days of entry.

Disposition. Dismissed

Quotations verified verbatim against the opinion

“We think the appeal should have been taken within sixty days after said order, decree, or judgment was entered.”

Synopsis

Appeal from a decree of the Superior Court of the county of Tulare, denying an application to set aside a homestead.

The facts are stated in the opinion of the court.

Per Curiam. On the 26th of December, 1882, the court denied the application of appellant to have a homestead set aside to her out of the estate of her deceased husband. Notice of appeal was filed and served on the 7th day of June, 1883.

We think the appeal should have been taken within sixty days after said order, decree, or judgment was entered. (Code Civ. Proc. § 1715; Estate of Burns, 54 Cal. 223.)

Appeal dismissed.

More from California Supreme Court

People v. Wende (1979)
People v. Watson (1956)
People v. Superior Court (Romero) (1996)
People v. Kelly (2006)
Auto Equity Sales, Inc. v. Superior Court (1962)
Aguilar v. Atlantic Richfield Co. (2001)
People v. Lewis (2021)
In Re Estrada (1965)
Denham v. Superior Court (1970)
People v. Marsden (1970)

Related research