Legal Opinion

Allen v. Tiffany

California Supreme Court

Decided July 1, 1878No. 5993PublishedCited by 18 opinions

Appeal from the District Court of the Seventeenth Judicial District, Los Angeles County. The plaintiff brought this action as the ward of one Temple against the defendant and others to recover upon the bond for the failure of Temple to account for various sums of money received as guardian of plaintiff. The complaint was subsequently amended so as to proceed against Temple alone, but did not allege that any effort had been made to compel an accounting in the Probate Court.

Read the full summary

Appeal from the District Court of the Seventeenth Judicial District, Los Angeles County. The plaintiff brought this action as the ward of one Temple against the defendant and others to recover upon the bond for the failure of Temple to account for various sums of money received as guardian of plaintiff. The complaint was subsequently amended so as to proceed against Temple alone, but did not allege that any effort had been made to compel an accounting in the Probate Court. The defendant filed a general demurrer, which was overruled. Judgment was rendered for the plaintiff, and the defendant…

1Opinion of the Court

By the Court :

Section 1754 of the Code of Civil Procedure provides that certain conditions shall form part of the bond of a guardian appointed by the Probate Judge, “ without being expressed therein.”

Among these are those mentioned in the third subdivision of the section, which reads as follows :

“ 3. To render an account, on oath, of the property, estate, and moneys of the ward in his hands, and all proceeds or interests derived therefrom, and of the management and disposition of the same, within three months after his appointment, and at such other time as the Court directs, and at the…

2Cited by18 opinions

  1. Cook v. CeasCalifornia Supreme Court · 1904
  2. Hantzch v. MassoltSupreme Court of Minnesota · 1895
  3. Chaquette v. OrtetCalifornia Supreme Court · 1882
  4. Brodrib v. BrodribCalifornia Supreme Court · 1880
  5. Burns v. Massachusetts Bonding & Insurance Co.California Court of Appeal · 1944

13 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API