Legal Opinion

Barber v. Superior Court

California Court of Appeal

Decided September 8, 1919No. Civ. No. 2993PublishedCited by 10 opinions

PROCEEDING in prohibition to prevent the setting aside of a decree settling a final account and distributing the estate. Writ denied. The facts are stated in the opinion of the court'.

1Opinion of the CourtConrey, P. J.

The petitioner applied for a writ of prohibition commanding respondents to refrain from certain threatened proceedings in an action numbered 26,366 and entitled Ostergard, Administratrix, et al. v. E. M. Barber and United States Fidelity and Guaranty Company. An alternative writ was issued. Respondents’ return is in the form of a demurrer, which rests upon the ground that the facts alleged are not sufficient to entitle petitioner to the demanded relief.

Barber was administrator of the estate of James Ostergard, deceased. His final account and petition for settlement and distribution of that…

2Cases cited1 opinion

  1. Swan v. TalbotCalifornia Supreme Court · 1907

3Cited by10 opinions

  1. Newport v. HattonCalifornia Supreme Court · 1924
  2. Willson v. Security-First National BankCalifornia Supreme Court · 1943
  3. O'Neil v. RossCalifornia Court of Appeal · 1929
  4. Vargas v. Superior CourtArizona Supreme Court · 1943
  5. Freeman v. HopkinsCourt of Appeals for the Ninth Circuit · 1929

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