Kreling v. Kreling
California Supreme Court
APPEAL from a judgment of the Superior Court of the City and County of San Francisco-. James M. Tro-utt, Judge. The facts are stated in the opinion. The plaintiff does not show capacity to sue as administra-trix. There is no sufficient allegation of the appointment of .plaintiff as administratrix, by an order duly given or made. (Barfield v. Price, 40 Cal. 535; Young v. Wright, 52 Cal. 407; Code Civ.
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APPEAL from a judgment of the Superior Court of the City and County of San Francisco-. James M. Tro-utt, Judge. The facts are stated in the opinion. The plaintiff does not show capacity to sue as administra-trix. There is no sufficient allegation of the appointment of .plaintiff as administratrix, by an order duly given or made. (Barfield v. Price, 40 Cal. 535; Young v. Wright, 52 Cal. 407; Code Civ. Proc., sec. 456; Judah v. Fredericks, 57 Cal. 389.) Plaintiff bas an adequate remedy in law, and cannot maintain this action for specific performance. (3 Pomeroy’s Equity Jurisprudence, sec.…
1Opinion of the Court
BELCHER, C.
On December 15, 1893, William Kreling died intestate in the city and county of San Francisco, leaving as his sole heirs at law the plaintiff, who was his wife, and the defendant, who was his father. In January, 1894, the plaintiff was appointed administratrix of his estate, and thereupon duly qualified and entered upon the discharge of her duties as such. Prior to and at the time of his death he was in partnership with his father, engaged in various enterprises, and, among others, in the business of manufacturing furniture, under the firm name of *416F. W. Kreling <& Sons, and also in…
2Cases cited5 opinions
- Shively v. Semi-Tropic Land & Water Co.California Supreme Court · 1893
- Daggett v. GrayCalifornia Supreme Court · 1895
- Cohen v. KnoxCalifornia Supreme Court · 1891
- O'Callaghan v. BodeCalifornia Supreme Court · 1890
- Abell v. CoonsCalifornia Supreme Court · 1857
3Cited by31 opinions
- Baldwin-Lima-Hamilton Corp. v. Superior CourtCalifornia Court of Appeal · 1962
- White v. SchaderCalifornia Supreme Court · 1921
- Savings Bank of San Diego v. BarrettCalifornia Supreme Court · 1899
- Beckwith v. SheldonCalifornia Supreme Court · 1914
- County of Humboldt v. KayCalifornia Court of Appeal · 1943
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