Jackson v. Jackson

The plaintiff served a notice of motion for a preference, which notice stated that the motion was *45made on 'the pleadings, and all papers and proceedings in the action, and that the claim for a preference was based upon the ground that an administratrix is the sole party defendant, which fact entitles plaintiff to a preference under section 791, subd. 5, of the Code. The defendant opposes the motion on the ground that no copy of the pleadings or affidavit was annexed to the notice, “ reciting why the above entitled action should be preferred.” In support of this contention the learned counsel…