Burke v. Maguire
California Supreme Court
APPEALS from judgments of the Superior Court of the City and County of • San Francisco. Thomas F. Graham, Judge. The main facts are stated in the opinion of the court, rendered in Department One, April 28, 1908.
1OpinionShaw, J.
A rehearing was granted in order to consider more fully the question whether or not the second count of the complaint, although insufficient as a complaint on a debt against the estate of Bridget McDermott, could be held good as a complaint in equity to follow a trust fund and obtain an order upon Maguire, either personally, or as administrator, to pay over to plaintiff the fund claimed by her, or her share of it, as money belonging to her which has come .into his possession or control.
The complaint is clearly insufficient for that purpose. The general rule as to charging trustees is thus…
2Cases cited7 opinions
- Lathrop v. BamptonCalifornia Supreme Court · 1866
- Elizalde v. ElizaldeCalifornia Supreme Court · 1902
- People v. LavelleCalifornia Supreme Court · 1886
- Campbell v. JonesCalifornia Supreme Court · 1869
- Rowland v. MaddenCalifornia Supreme Court · 1887
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