Smith v. Andrews
California Supreme Court
Appeal from the Superior Court of the City of San Francisco. This was an action against A. T. McClure, Smyth Clark and William Andrews, on the official bond of McClure, as administrator of the estate of Henry C. G-illis.
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Appeal from the Superior Court of the City of San Francisco. This was an action against A. T. McClure, Smyth Clark and William Andrews, on the official bond of McClure, as administrator of the estate of Henry C. G-illis. The complaint alleges that the plaintiff had a claim for 1831 against the estate of G-illis; that he presented his claim, and the same was allowed by the administrator and the Probate Judge; that subsequently “ the said A. T. McClure filed a petition in the said Probate Court, praying that the said Court would authorize him to pay the claims duly presented against said…
1Opinion of the Court
The opinion of the Court was delivered by Mr. Chief Justice Murray.
Mr. Justice Heydenfeldt and Mr. Justice Terry concurred.
The demurrer to the plaintiff's declaration was well taken. Probate Courts are of inferior and limited jurisdiction, and in pleading their judgments, it is necessary to set out the facts which give jurisdiction.
In England, Courts are divided into such as are of record, and those that are not. Courts of record are supreme, superior or inferior. Inferior Courts may be defined to be those whose jurisdiction is limited and special, and whose proceedings are not according to…
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