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Sheldon v. Dalton

W. C. SHELDON v. G. W. DALTON

Sheldon v. Dalton, 57 Cal. 19 (1880)
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Court
California Supreme Court · State Highest Courts
Decided
July 1, 1880
Docket
No. 6,147
Citations
57 Cal. 19
Cited by 6
Syllabus
Appeal—Parties.—An appeal taken after the death of one of the adverse parties, and before the substitution of his successor, dismissed as premature.
Summary
Appeal from a judgment for the plaintiffs, in the Sixth District Court, County of Sacramento. Reed, J. The appeal was taken by Thomas L. Acock and others, Interveners.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

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The Court

There were two plaintiffs in this case, one of whom died before this appeal was taken. There was no suggestion of the death, and no substitution of the personal representative of the deceased plaintiff. It is conceded that the appeal was prematurely taken, and the motion to dismiss is granted.

Appeal dismissed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 6 cases

View all citing references →
1890: 11897: 11902: 11910: 11911: 11915: 118902026peak 1890 · 1

Relies on it most ⓘ

  1. In re Estate of Baker150 P. 989 (Cal. 1915)
  2. Coffin v. Edgington23 P. 80 (Idaho 1890)
  3. Pedlar v. Stroud48 P. 371 (Cal. 1897)
  4. Deiter v. Kiser110 P. 921 (Cal. 1910)
  5. McCornick v. Shaughnessy114 P. 22 (Idaho 1911)
  6. Link v. Reeves88 N.W. 670 (Neb. 1902)

Most recent

  1. In re Estate of Baker150 P. 989 (Cal. 1915)
  2. McCornick v. Shaughnessy114 P. 22 (Idaho 1911)
  3. Deiter v. Kiser110 P. 921 (Cal. 1910)
  4. Link v. Reeves88 N.W. 670 (Neb. 1902)
  5. Pedlar v. Stroud48 P. 371 (Cal. 1897)
  6. Coffin v. Edgington23 P. 80 (Idaho 1890)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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