89 Cal. 31 | Cal. | 1891
— 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 presented is, Does the appeal stay proceedings under the order appealed from?
We think that the question here presented was definitely settled' in favor of petitioner’s contention, by the decision of the court in Estate of Schedel, 69 Cal. 241. In that case a legatee appealed from a decree of distribution, and gave the three-hundred-dollar undertaking provided by section 941 of the Code of Civil Procedure; and it was contended that such an undertaking did not stay proceedings upon the decree appealed from. But
It is ordered and adjudged that the order of the respondents, the superior court and the judge thereof, made on November 19, 1890, requiring the petitioner, as administrator, to pay to Florence Blythe the sum of money mentioned in the said order of October 31, 1890, as set forth in the petition herein, and every part thereof, be and the same hereby is set aside and annulled.
De Haven, J., Garoutte, J., Paterson, J., and Beatty, C. J., concurred.
Harrison, J., deeming himself disqualified, did not participate in the foregoing opinion.