Estate of McKinley
California Supreme Court
Appeal from the Probate Court of the City and County of San Francisco. In January, 1872, R. F. Byan, an attorney at law, presented a claim to J ames McKinley, administrator of the estate of Finley McKinley, for fees for professional services alleged to have been rendered the deceased in his life-time.
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Appeal from the Probate Court of the City and County of San Francisco. In January, 1872, R. F. Byan, an attorney at law, presented a claim to J ames McKinley, administrator of the estate of Finley McKinley, for fees for professional services alleged to have been rendered the deceased in his life-time. The claim consisted of several items for conducting different suits, searching records, etc., amounting altogether to $1,225. It was approved and allowed by the administrator January 23, 1872, and by the Probate Judge on the 29th of the same month. August 5, 1873, Byan presented a petition to…
1Opinion of the Court
Chief Justice Wallace,
speaking for the Court, said: This is an appeal by the petitioner from an order dismissing his petition for the payment of a claim that had been allowed and approved. The claim so allowed had the force and effect of a judgment. The action of the Court in allowing the claim has not been questioned by appeal, but the respondent opposes the payment of the claim, not on the ground of fraud or mistake, but because—as the specification of objections alleges—the services of the petitioner were not worth the amount charged by him and allowed by the administrator (the respondent…
2Cited by5 opinions
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