Galbes v. Girard
U.S. Circuit Court for the District of Southern California
In Equity. “Bill by Manuel Jesus Galbes, a citizen of Chili, against James If. Girard and others. The bill alleged that Juan Galbes died in California in 1874, owning real and personal property in the state, and leaving surviving him Lorena Gamboa Galbes, his wife, and a son, plaintiff in this action. The bill then alleged that, in pursuance of a conspiracy, letters of administration were in 1874 fraudulently granted to one Howe, without notice to the widow or plaintiff.
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In Equity. “Bill by Manuel Jesus Galbes, a citizen of Chili, against James If. Girard and others. The bill alleged that Juan Galbes died in California in 1874, owning real and personal property in the state, and leaving surviving him Lorena Gamboa Galbes, his wife, and a son, plaintiff in this action. The bill then alleged that, in pursuance of a conspiracy, letters of administration were in 1874 fraudulently granted to one Howe, without notice to the widow or plaintiff. In 1876 the estate was closed up, and distribution made to Dolores Diaz Menesses and Juana Diaz Menesses. By sundry mesne…
1Opinion of the CourtRoss, J.
To the bill in this case the state of California as well as certain individuals are made defendants. So far as the state is concerned, its exceptions to the jurisdiction and motion to dismiss the bill must be sustained, upon the ground that there is no law authorizing such suit to be brought against it. Hans v. Louisiana, 134 U. S. 1, 10 Sup. Ct. Rep. 504. It is provided by the constitution of California that “suits may be brought against the state in such manner and in such courts as shall be directed by law.” Section 6, art. 20. But the legislature of the state has not enacted any law…
2Cases cited3 opinions
- Hans v. LouisianaSupreme Court of the United States · 1890
- Beers Ex Rel. Platenius v. ArkansasSupreme Court of the United States · 1858
- Speidel v. HenriciSupreme Court of the United States · 1887
3Cited by5 opinions
- Hollister v. StateIdaho Supreme Court · 1903
- Employment Development Department v. United States Postal Service, Franchise Tax Board v. United States Postal ServiceCourt of Appeals for the Ninth Circuit · 1983
- Malone v. CliseCalifornia Court of Appeal · 1936
- Employment Development Department v. United States Postal Service, Franchise Tax Board v. United States Postal ServiceCourt of Appeals for the Ninth Circuit · 1983
- State ex rel. Twichel v. HallNorth Dakota Supreme Court · 1918