Curtis v. Underwood
California Supreme Court
Appeal from a judgment of the Superior Court of Calaveras County, and from an order denying a new trial. The facts are stated in the opinion. The order of the court that due notice be given to the heirs was equivalent to an express direction that notice should be given by publication and by mailing as required by the code. (MeCrea v. Raraszthy, 51 Cal. 146; See Code Civ.
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Appeal from a judgment of the Superior Court of Calaveras County, and from an order denying a new trial. The facts are stated in the opinion. The order of the court that due notice be given to the heirs was equivalent to an express direction that notice should be given by publication and by mailing as required by the code. (MeCrea v. Raraszthy, 51 Cal. 146; See Code Civ. Proc., secs. 1303, 1304.) There was no publication by the clerk in which November 7,1885, was named as the day on which said matter would be heard. The publication of the so-called notice of continuance signed by Ira Hill…
1Opinion of the Court
Searls, C.—
This is an appeal from a final judgment in favor of defendants, and from an order of the court denying the motion of plaintiff for a new trial,
Plaintiff is the widow of Weeden Underwood, who since the death of the latter has intermarried with one J. F. Curtis. Plaintiff and said Weeden Underwood were married September 21, 1880. Weeden Underwood *665died October 3,1885, leaving surviving him as heirs the plaintiff and the minor child, Abbie M. Underwood, the defendant herein.
The object of the action is to quiet the title of plaintiff to an undivided one-half of all the interest of…
2Cases cited4 opinions
- Wetmore v. . ParkerNew York Court of Appeals · 1873
- Drake v. DuvenickCalifornia Supreme Court · 1873
- Abila v. PadillaCalifornia Supreme Court · 1859
- Cardwell v. SabichiCalifornia Supreme Court · 1881
3Cited by12 opinions
- Stevens v. TorreganoCalifornia Court of Appeal · 1961
- Pearson v. ElliottCalifornia Supreme Court · 1917
- Murray v. Superior CourtCalifornia Supreme Court · 1929
- Rice v. TiltonWyoming Supreme Court · 1905
- People v. FayCalifornia Court of Appeal · 1927
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