Moore v. Moore (1886) · DecisionDepot

Moore v. Moore

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

California Supreme Court Jan 27, 1886 No. No. 9319Published

Before: Ross

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Holding. The court dismissed the appeal because there is no statutory authority permitting an appeal from a Probate Court order refusing to remove an administrator.

Issues

Whether the court has jurisdiction to hear an appeal from a Probate Court order refusing to remove an administrator.

Disposition. Dismissed

Quotations verified verbatim against the opinion

“There being no provision of the statute authorizing an appeal from an order of the Probate Court refusing to remove an administrator, the appeal herein taken is dismissed.”

Synopsis

Appeal from an order of the Superior Court of Santa Cruz County refusing to remove an administrator.

The facts are stated in the opinion of the court.

Ross, J. — This is an appeal from an order of the Probate Court refusing to remove an administrator. In probate matters this court has such jurisdiction as may be provided by the legislative department of the government. (Canst., art. 6, sec. 4.) There being no provision of the statute authorizing an appeal from an order of the Probate Court refusing to remove an administrator, the appeal herein taken is dismissed.

McKee, J., and McKinstry, concurred.

Hearing in Bank denied.

Moore v. Moore

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