Estate of Dellow

In Re Estate of Dellow

Good Law
1 Cal. App. 529·1905 Cal. App. LEXIS 192·82 P. 558
Court of Appeal of CaliforniaSeptember 1, 1905No. 76.California1,009 words

Opinion

Lead Opinion

Hall, J.

There are two appeals in this case,—one by Flora Bellow from a judgment of the trial court denying her petition to be appointed guardian of the persons and estates of Eleanor Louisa Bellow and Vincent Alexander Bellow, minors, and granting the petition of Rose A. Shields to be appointed guardian of the same children, and another from an order denying appellant’s motion for a new trial,-—both before us on one record.

The appeal from the judgment was taken more than sixty days after the rendition of judgment, and therefore the suffi ciency of the evidence to sustain it cannot be considered on the appeal from the judgment. This is conceded to be true by counsel for appellant in his brief, and it is not contended that the findings do not support the judgment; so the judgment must be affirmed.

As to the appeal from the order denying the motion for a new trial, it is urged by the respondent that the record does not show what motion was in fact made, nor upon what grounds the motion was predicated; that though a notice of intention to move for a new trial was filed, and a bill of exceptions settled containing such notice and specifications as to insufficiency of the evidence to support…

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