Halleck v. Moss
California Supreme Court
Appeal from the Fourth Judicial District. The plaintiffs were, in 1855, appointed executors of the estate of one Folsom, deceased, which estate, among a large amount of real and other personal property, included two hundred and fifty shares of stock in the Sacramento Valley Railroad Company. ¡November 12, 1855, the executors applied for a sale of some of the property, and in their petition stated that “ The personal property of the testator consisting in stocks, a particular…
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Appeal from the Fourth Judicial District. The plaintiffs were, in 1855, appointed executors of the estate of one Folsom, deceased, which estate, among a large amount of real and other personal property, included two hundred and fifty shares of stock in the Sacramento Valley Railroad Company. ¡November 12, 1855, the executors applied for a sale of some of the property, and in their petition stated that “ The personal property of the testator consisting in stocks, a particular enumeration, description, and valuation whereof will be found in Exhibit “¡B,” under the head of stocks, they do not…
1Opinion of the CourtCrocker, J.
• This case has previously been before this Court, and will be found reported in 17 Cal. 339—and it was there held, that the plaintiffs had failed to offer sufficient proof to sustain the judgment, in this, that they had failed to show any order of Court directing notice of the sale of the shares of stock to be published in any newspaper, and there was no proof that the notices had been posted as required by law, in the absence of such order. The case went back for a new trial, which has been had, and judgment again rendered for the plaintiffs, from which the defendants again appeal.
The…
2Cases cited5 opinions
- Haynes v. MeeksCalifornia Supreme Court · 1862
- In re Estate of SpriggsCalifornia Supreme Court · 1862
- Irwin v. ScriberCalifornia Supreme Court · 1861
- Ziel, Bertheau & Co. v. DukesCalifornia Supreme Court · 1859
- Wyman v. FowlerU.S. Circuit Court for the District of Michigan · 1844
3Cited by11 opinions
- Burris v. KennedyCalifornia Supreme Court · 1895
- Crall v. Board of Directors of Poso Irrigation DistrictCalifornia Supreme Court · 1890
- Southern California Disinfecting Co. v. LomkinCalifornia Court of Appeal · 1960
- Pierce v. WhitingCalifornia Supreme Court · 1883
- Lieberman v. Superior CourtCalifornia Court of Appeal · 1925
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