Blythe v. Ayres
California Supreme Court
Appeal from an order of the Superior Court of the City and County of San Francisco refusing to dismiss a proceeding to determine heirship. J. V. Coffey, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtHenshaw, J.
Appellant, Henry T. Blythe, and others moved the court sitting in the matter of said estate to dismiss the above-entitled proceeding, upon the ground that the party entitled to judgment therein had neglected to demand and have the same entered for more than six months. (Code Civ. Proc., sec. 581, subd. 6.) His motion being denied this appeal is taken.
The facts are that in the proceeding had under section 1664 of the Code of Civil Procedure, in the matter of said estate, the order or decree of the court determining heirship and rights to property was, upon October 22, 1890, spread at length…
2Cases cited3 opinions
- Smith v. WesterfieldCalifornia Supreme Court · 1891
- In re the Estate of BurtonCalifornia Supreme Court · 1892
- Blythe v. AyresCalifornia Supreme Court · 1894
3Cited by13 opinions
- Estate of O'DeaCalifornia Supreme Court · 1940
- Dow v. LillieNorth Dakota Supreme Court · 1914
- In re the Estate of JosephCalifornia Supreme Court · 1897
- Carroll v. CarrollCalifornia Supreme Court · 1940
- Clay v. WallCalifornia Supreme Court · 1898
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