Moore

Moore v. Superior Court

Caution
1890 Cal. LEXIS 1059·86 Cal. 495·25 P. 22
Supreme Court of CaliforniaNovember 28, 1890No. 23661California496 words

Opinion

Lead Opinion

Works, J.

— This is an application for a writ of certiorari to test the jurisdiction of the respondent, the superior court of Yolo County, to make an order vacating a former order of the same court in a probate proceeding. This same order was appealed from, and it was held that the order was not appealable. (In re Moore’s Estate, ante, p. 58.) Most of the facts will be found stated in the opinion above referred to. The order there appealed from, and here attacked on the ground that the superior court bad no jurisdiction to make it, was made and entered more than six months after the former order, vacated by it, was made. It is contended that the court below had no power or jurisdiction to vacate its former *496 order after six months, and that the order complained of is void. On the other hand, the respondent contends that the first order was void, because it appears, from the record, that the two minors, who were named as trustees upon the death of the widow, were not notified. But these minors were not beneficiaries under the will, or in any way interested in the question as to who should manage the water-ditch during the life of the widow. During that time she and those persons who were…

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