Hornaday v. Hornaday

THE COURT.

In their petition for a rehearing appellants contend that is was error to dismiss their appeals from the orders sustaining Mrs. Hornaday’s demurrers to the two petitions mentioned in paragraph three of the opinion on the ground that they are nonappealable. The opinion emphasizes that there was no showing in either petition that Hornaday as guardian had received assets which he had not delivered to his successor. The order sustaining .the demurrers were determinations that no facts had been alleged which would empower the court to make any order under section 1555 of the Probate Code.

In any event, the merits of the asserted right of appeal from the two orders are fully covered by the court’s treatment of the appeals from the judgments of dismissal. No prejudice was caused by such dismissals.

Appellants’ petition for a hearing by the Supreme Court was denied February 23, 1950. Edmonds, J., and Carter, J., voted for a hearing.