In re Estate of Page
California Supreme Court
Appeal from the Probate Court, City and County of San Francisco. An action between Thomas S. Page, plaintiff, and Welcome Fowler et ah, defendants, was tried in the District Court, and a verdict rendered in favor of the defendants, on the 12th day of April, 1871, for four hundred and fifty tons of hay, or its value and interest, amounting to $12,069.29. (See 39 Cal. 415, and 46 Cal. 323.) Judgment was not entered on the verdict, and Page moved for a new trial.
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Appeal from the Probate Court, City and County of San Francisco. An action between Thomas S. Page, plaintiff, and Welcome Fowler et ah, defendants, was tried in the District Court, and a verdict rendered in favor of the defendants, on the 12th day of April, 1871, for four hundred and fifty tons of hay, or its value and interest, amounting to $12,069.29. (See 39 Cal. 415, and 46 Cal. 323.) Judgment was not entered on the verdict, and Page moved for a new trial. January 10,1872, before the motion for a new trial had been decided, Page died, leaving a will, in which he nominated Atherton and…
1Opinion of the Court
By the Court, McKinstry, J.:
Under the provisions of the sixth chapter of the Probate Act of 1851, no recovery can properly be had in an action against executors, unless the claim of the plaintiff has been duly presented to the executors and the Probate Judge. This is equally true, whether the action was commenced against the executors or was originally brought against the testator, and was pending at the time of his decease.
A third class of cases was provided for by Sec. 202 of the Practice Act, those in which a party should die after verdict and before judgment. In such cases the court was…
2Cited by9 opinions
- Fox v. Hale & Norcross Silver Mining Co.California Supreme Court · 1895
- Maroney v. TannehillSupreme Court of Oklahoma · 1923
- Hogan v. Superior CourtCalifornia Court of Appeal · 1925
- Boyd v. LancasterCalifornia Court of Appeal · 1939
- In Re the Estate of ParsellCalifornia Supreme Court · 1923
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