Smith v. Biscailuz
California Supreme Court
Appeal from a judgment of the Superior Court of Los Angeles Count}', and from an order denying a new trial. The facts are stated in the opinion of the court, and more particularly in the opinion rendered upon the first hearing of the cause.
1Opinion of the CourtBeatty, C. J.
A former decision of this case is reported in 21 Pac. Rep. 15. (See infra.) After that decision was filed a rehearing was granted on the second point discussed in the opinion; viz., the alleged insufficiency of the guardian's petition for the sale of Victoria Jordan’s interest in the real property in controversy.
For the purpose of that decision we conceded, without deciding, that the petition was radically defective, hut held that the order of sale was rendered valid by the clause added to section 1537 of the Code of Civil Procedure by the amendment of 1874.
Upon the rehearing, counsel for the…
2Cases cited7 opinions
- McIntyre v. TrautnerCalifornia Supreme Court · 1889
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- Estate of BolandCalifornia Supreme Court · 1880
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- Burroughs v. De CoutsCalifornia Supreme Court · 1886
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3Cited by28 opinions
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