McCabe v. Healy
California Supreme Court
The facts are stated in the opinion of the court. W. M. Boardman, M. Marstellar, Frank J. Sullivan, Albert M. Johnson, A. A. De Ligne, James T. Boyd, and William H. O’Brien, for Appellants. The action affects the entire estate, and the administrator, whose rightful possession cannot be invaded before distribution, was a necessary party.
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The facts are stated in the opinion of the court. W. M. Boardman, M. Marstellar, Frank J. Sullivan, Albert M. Johnson, A. A. De Ligne, James T. Boyd, and William H. O’Brien, for Appellants. The action affects the entire estate, and the administrator, whose rightful possession cannot be invaded before distribution, was a necessary party. (Harwood v. Marye, 8 Cal. 580; Cunningham v. Ashley, 45 Cal. 493; McLeron v. Benton, 73 Cal. 342;1 Spotts v. Hanly, 85 Cal. 167; Patchett v. Pacific Ry. Co., 100 Cal. 510; Robertson v. Burrell, 110 Cal. 576; Denis v. Bint, 122 Cal. 44;2 Woerner on Law of…
1Opinion of the CourtGaroutte, J.
The basic facts upon which this litigation has been inaugurated are these: Matthew Healey, fifty-four years of age, engaged in the stock-raising business, and of considerable means, lived in Lassen County, state of California, in the year 1881, and for a long time prior thereto. He had not a relative in the United States, and during that year he returned to his old home in Ireland to visit his brother and two sisters there residing. He had been absent from the land of his birth for thirty-seven years, and for twenty-five years last past his relatives had thought him dead. Plaintiff, Ulty…
2Cases cited18 opinions
- Owens v. McNallyCalifornia Supreme Court · 1896
- Sharkey v. McDermottSupreme Court of Missouri · 1887
- Kofka v. RosickyNebraska Supreme Court · 1894
- Sutton v. HaydenSupreme Court of Missouri · 1876
- Wright v. WrightMichigan Supreme Court · 1894
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3Cited by71 opinions
- Monarco v. Lo GrecoCalifornia Supreme Court · 1950
- Meehan v. HoppsCalifornia Supreme Court · 1955
- Morrison v. LandCalifornia Supreme Court · 1915
- Estate of RathCalifornia Supreme Court · 1937
- O'Brien v. O'BrienCalifornia Supreme Court · 1925
66 more not listed; retrieve them via the Exa API.