Carpenter v. Superior Court
California Supreme Court
Writ of review to the Superior Court of San Joaquin County. The writ was sued out to annul an order setting aside the verdict of the jury and the judgment rendered thereupon revoking the probate of the will of Charles W. Carpenter, deceased, which order was made upon the ground that no guardian ad litem had been appointed to appear and defend for the minor heirs in the matter of the contest.
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Writ of review to the Superior Court of San Joaquin County. The writ was sued out to annul an order setting aside the verdict of the jury and the judgment rendered thereupon revoking the probate of the will of Charles W. Carpenter, deceased, which order was made upon the ground that no guardian ad litem had been appointed to appear and defend for the minor heirs in the matter of the contest. The petition for the writ of review showed that an attorney had been appointed to represent the minor heirs in all proceedings in said court, and that he had filed an answer for them in the proceeding to…
1Opinion of the CourtWorks, J.
The questions of law arising in this case were fully presented by a demurrer to the petition, and determined in favor of the petitioners. The respondent has filed an answer, and the petitioners move for judgment on the pleadings, on the ground that “it appears *292from the pleadings that petitioners are entitled to the relief asked for in the petition.”
The answer is, that the order mentioned in the petition, vacating and setting aside the verdict and judgment mentioned and set forth in said petition, was made, given, and entered, “because the minors described in said petition were not and had not…
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