Pennie

Pennie v. Superior Court of San Francisco

Good Law
1891 Cal. LEXIS 761·89 Cal. 31·26 P. 617
Supreme Court of CaliforniaMay 4, 1891No. 14257California882 words

Opinion

Lead Opinion

McFarland, J.

— This is an original proceeding here by certiorari, brought to review and annul an order of the superior court requiring petitioner, as administrator of Thomas Blythe, deceased, to pay a large sum of money to Florence Blythe. The latter had brought an action, under section 1664 of the Code of Civil Procedure, to have herself decreed to be the adopted child and heir of said Blythe, deceased; and on October 22, 1890, a decree had been entered by the superior court (respondent here) declaring her to be such adopted child and heir. From that decree certain defendants — known generally as the “ Williams claimants” — took an appeal to this court. On October 31, 1890, the court made an order granting a large amount of money to said Florence as a family allowance; and from this latter order the Williams claimants also appealed, giving the usual statutory undertaking on appeal, provided for in section 941 of the Code of Civil Procedure, in the sum of three hundred dollars. ¡Notwithstanding the appeal, the court afterwards, on ¡November 19, 1890, made another order directing the administrator to pay to Florence the amount of money mentioned in said order of October 31. And the question…

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