Legal Opinion

Hill v. Superior Court of San Luis Obispo County

California Supreme Court

Decided March 7, 1922No. S. F. No. 10028PublishedCited by 1 opinion

APPLICATION for Writ of Prohibition directed to the Superior Court of San Luis Obispo County. T. A. Norton, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtAt the close of the argument Shaw, C. J.

The court is unanimous in the opinion that in cases of this character the county in which the first petition is filed for general letters of administration has jurisdiction to determine whether or not the residence is in that county. (.Miller v. Superior Court, 186 Cal. 543 [199 Pac. 806]; Dungan v. Superior Court, 149 Cal. 103 [117 Am. St. Rep. 119, 84 Pac. 767]; Estate of Damke, 133 Cal. 435 [65 Pac. 888]; Estate of Damke, 133 Cal. 430 [65 Pac. 889].) Persons who claim that the jurisdiction is in some other county must appear in the court in which the petition is first filed and present…

2Cases cited4 opinions

  1. Dungan v. Superior Court of Fresno Cty.California Supreme Court · 1906
  2. Eisenmayer v. ThompsonCalifornia Supreme Court · 1921
  3. In Re Estate of DamkeCalifornia Supreme Court · 1901
  4. In Re Estate of DamkeCalifornia Supreme Court · 1901

3Cited by1 opinion

  1. In Re the Estate of SpencerCalifornia Supreme Court · 1926

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