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Legal Opinion

Horney v. Superior Court

California Court of Appeal

Decided January 14, 1948No. Civ. 13610PublishedCited by 12 opinions

1Opinion of the CourtPeters, P. J.

Petitioner, Nelty Lefrane Horney, seeks by this proceeding in prohibition to restrain the Superior Court of Santa Clara County from further proceeding in a will contest in the estate of Marie Lefrane now pending in that court. It is the theory of petitioner that the trial court is without jurisdiction to proceed in that contest, except to dismiss, for the reason that no service of the citation noticing the contest after probate was made upon her within a period of three years from the filing of the contest. It is her contention that section 581a of the Code of Civil Procedure is applicable to…

2Cases cited20 opinions

  1. In Re Estate of BakerCalifornia Supreme Court · 1915
  2. Gonsalves v. Bank of America National Trust & Savings Ass'nCalifornia Supreme Court · 1940
  3. O'DAY v. Superior CourtCalifornia Supreme Court · 1941
  4. Zobel v. ZobelCalifornia Supreme Court · 1907
  5. Estate of PalmCalifornia Court of Appeal · 1945

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3Cited by12 opinions

  1. Estate of NeilsonCalifornia Supreme Court · 1962
  2. C. De Baca v. BacaNew Mexico Supreme Court · 1964
  3. Dresser v. Superior CourtCalifornia Court of Appeal · 1964
  4. Moore v. Superior CourtCalifornia Court of Appeal · 1970
  5. Oskooi v. Fountain Valley Regional Hospital & Medical CenterCalifornia Court of Appeal · 1996

7 more not listed; retrieve them via the Exa API.

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