McDaniel v. Pattison
California Supreme Court
Appeal from a judgment of the Superior Court of Los Angeles County, and from an order denying a new trial. The facts are stated in the opinion of the court;
1Opinion of the Court
The Court. —
We are satisfied, with opinions filed and the conclusion reached by Department One when this case was before it for decision, and the judgment is therefore reversed.
In their petition for a rehearing respondents, claim that they are entitled to assert their rights as heirs, but it is evident from the pleadings, findings, and decree that the parties and the court below ¡proceeded upon the theory that plaintiffs were claiming as devisees and not as heirs. The decree therefore cannot be modified, but we think there is enough in the complaint to justify an order allowing the plaintiffs…
2Cited by17 opinions
- Cooney v. GlynnCalifornia Supreme Court · 1910
- Estate of PattersonCalifornia Supreme Court · 1909
- Brissie v. CraigSupreme Court of North Carolina · 1950
- Reed v. HaywardCalifornia Supreme Court · 1943
- Simonton v. Los Angeles Trust & Savings BankCalifornia Supreme Court · 1923
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