149 Cal. App. 2d 73 | Cal. Ct. App. | 1957
prohibition, certiorari or such other writs as might be appropriate, as an alternative to her appeal in Estate of Dow, No. 17056, in case this court should decide it did not have the power to determine the matters raised by that appeal. In our decision of that appeal this day filed (Estate of Dow, No. 17056, ante, p. 67 [308 P.2d 488]) we decided all matters raised upon that appeal. However, in this proceeding petitioner additionally has raised matters occurring sub
Now, on the appeal from the decree, it is apparent that the testimony need not have beeen included. No part of it needed to be or was used on the appeal. Its inclusion could very well have awaited the determination of the question of severability of appeal, and an augmentation of record made
The petition is denied.
Peters, P. J., and Wood (Fred B.), J., concurred.