In re Get Young

Decided June 30, 1891

California Supreme Court · decided 1891-06-30

<p>Appeal — Order Appointing Guardian — Order Refusing to Revoke Appealable Order. —An order of the prohate court appointing a guardian of a minor is an appealable order, and the appellate court will nob entertain jurisdiction of an appeal from an order refusing to revoke that order.</p>

Cited by 1 later decisions — most recently June 1925

1 state decisions

Relies on People v. Greene · Goyhinech v. Goyhinech · Larkin v. Larkin

Good law ✅— No negative treatment on recordhow we know

Decided 1891-06-30

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Foote, C.

¶1This is an appeal from an order refusing to revoke an order granting letters of guardianship of a minor.

¶2The order made by the probate court appointing the *78guardian was one which it was within the jurisdiction of that tribunal to make, and it was itself appealable. (Code Civ. Proc., sec. 963, subd. 3.)

¶3Hence the appellate court will not entertain jurisdiction of the appeal now here. (Goyhinech v. Goyhinech, 80 Cal. 409; Larkin v. Larkin, 76 Cal. 323; Eureka & T. R. R. Co. v. McGrath, 74 Cal. 49; Tripp v. Santa Rosa R. R. Co., 69 Cal. 631.)

¶4The matter does not come within the rule as to void judgments laid down in People v. Green, 74 Cal. 400; 5 Am. St. Rep. 448.

¶5We therefore advise that the appeal be dismissed.

¶6Fitzgerald, C., and Belcher, C., concurred.

The Court.

¶7— For the reasons given in the foregoing opinion, the appeal is dismissed.