In re Walker's Estate (1899) · DecisionDepot

In re Walker's Estate

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

California Supreme Court Jun 28, 1899 No. S. F. No. 1326Published

Before: Temple

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Holding. The court affirmed the order settling the first annual account of the administrator, finding that the appellant was not injured by the trial court's ruling to strike certain evidence.

Issues

Whether the order settling the first annual account of the administrator should be reversed or modified.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“it is not necessary to reverse or modify the order entered to give the appellant all the protection he can properly obtain, and that he was not injured by the ruling striking out the evidence introduced by him.”

“The order is affirmed.”

Synopsis

Appeal.—The Striking Out of Evidence is Harmless where it would have authorized no other relief than that warranted by the evidence admitted.

TEMPLE, J. This is an appeal from an order settling the first annual account of the administrator. The appeal was submitted at the same time as the appeal from the order settling the final account, a case similarly entitled, and numbered S. F. No. 1327 (125 Cal. 242, 73 Am. St. Rep. 40, 57 Pac. 991). As will appear from the opinion rendered in that case, it is not necessary to reverse or modify the order entered to give the appellant all the protection he can properly obtain, and that he was not injured by the ruling striking out the evidence introduced by him. The order is affirmed.

We concur: McFarland, J.; Henshaw, J.

In re Walker's Estate

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