Painter v. Estate of Painter
California Supreme Court
• Appeal from an order of the Superior Court . Theodore P. Painter, the executor, of the last will of J. B. Painter, deceased, claiming to be a creditor uf the deceased, presented his claim to the judge of the superior court for allowance. The claim was rejected by the judge, and thereafter this action was brought by the claimant to establish it.
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• Appeal from an order of the Superior Court . Theodore P. Painter, the executor, of the last will of J. B. Painter, deceased, claiming to be a creditor uf the deceased, presented his claim to the judge of the superior court for allowance. The claim was rejected by the judge, and thereafter this action was brought by the claimant to establish it. After the action was brought Warren Olney was -appointed by the court, under the provisions of section 1510 of the Code of Civil Procedure, to defend the action on behalf of the estate. He did so successfully, both in the superior court and in the…
1Opinion of the Court
Foote,C.
An attorney was appointed by the superior court to resist a claim against an estate, under section 1510 of the Code of Civil Procedure. He did so successfully in the superior court, and was allowed $250 for such service. The case was then heard upon appeal in the supreme court, and the judgment affirmed. (68 Cal. 396.) Upon the going down of the remittitur the attorney presented for allowance, in the court below, a cost bill, including a fee of one thousand dollars for his services in the appellate court. A motion was made to strike out the fee from the cost-bill. The motion was…
2Cases cited2 opinions
- Ex parte WinterCalifornia Supreme Court · 1886
- Larkin v. LarkinCalifornia Supreme Court · 1886
3Cited by17 opinions
- Serrano v. UnruhCalifornia Supreme Court · 1982
- Folsom v. Butte County Assn. of GovernmentsCalifornia Supreme Court · 1982
- T.E.D. Bearing Co. v. Walter E. Heller & Co.California Court of Appeal · 1974
- Morcos v. Board of RetirementCalifornia Supreme Court · 1990
- Marini v. Municipal CourtCalifornia Court of Appeal · 1979
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