Legal Opinion
Estate of Burns
Superior Court of California, County of San Francisco
Decided June 30, 1880No. 6426Published
1Opinion of the CourtCoppey, J.
Construction of sections 1507 and 1508, Code of Civil Procedure, 638, 645, Code of Civil Procedure, and section 1880, subdivision 3, same code. Sections 1494, 2002, 2009, 2019, Code of Civil Procedure, considered in connection with affidavit to claim.
The reference herein was pursuant to section 1507, Code of Civil Procedure, and the rule for conducting such reference is found in the next section, 1508, Code of Civil Procedure, and in sections 638 to 645, of the same code. Hence it follows that subdivision 3 of section 1880 applies, incapacitating the claimant from testifying in his own…
2Cases cited16 opinions
- People Ex Rel. Francis v. . Common CouncilNew York Court of Appeals · 1879
- Beckett v. SeloverCalifornia Supreme Court · 1857
- Wadleigh v. PhelpsCalifornia Supreme Court · 1906
- St. John v. LoflandNorth Dakota Supreme Court · 1895
- Bollinger v. WrightCalifornia Supreme Court · 1904
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