Wilson v. Roach
California Supreme Court
Certiorari to the Fifth Judicial District. This was a bill in equity, filed by Daniel Wilson and wife, in their own right, and Wilson as guardian, ad litem, of the minor heirs of Jose Maria Sanchez.
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Certiorari to the Fifth Judicial District. This was a bill in equity, filed by Daniel Wilson and wife, in their own right, and Wilson as guardian, ad litem, of the minor heirs of Jose Maria Sanchez. The bill was filed against Roach, guardian of Wilson’s wife and of the said minor heirs, under an appointment of the Probate Court of Monterey County, and against Josiah Merritt, the Probate Judge of Monterey County, and the Sheriff and Coroner of Monterey County, and charged Roach with embezzlement and fraudulent appropriation of the funds of his wards, to the amount of $73,000, and charged the…
1Opinion of the Court
Mr. Ch. J. Murray
delivered the opinion of the Court.
Mr. J. Heydenfeldt concurred.
The errors assigned in this case are the appointment of a receiver, and the attachment issued against the appellant, Eoach, for refusing to comply with the order of the District Court, commanding him to pay over moneys held by him, belonging to certain minors.
The facts set forth in the bill render the case one eminently of chancery jurisdiction.
The District Courts of this State have the same control over the persons of minors, as well as their estates, that the Courts of Chancery in England possess.
This…
2Cited by14 opinions
- People v. NakisCalifornia Supreme Court · 1920
- Toland v. EarlCalifornia Supreme Court · 1900
- People v. FellowsCalifornia Supreme Court · 1898
- In re the Guardianship of SallWashington Supreme Court · 1910
- Neil v. Public Utilities CommissionIdaho Supreme Court · 1919
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