Klopstock v. Superior Court

This is a petition for a writ of mandate to compel the respondent superior court to dismiss an action, after a general reversal of the judgment rendered at the previous trial.

The facts concerning the controversy are fully stated in a prior appeal. (Samter v. Klopstock Realty Co., 31 Cal. App. (2d) 532 [88 Pac. (2d) 250].) In 1926, Klopstock Realty Company, a corporation, had been organized, with its entire stock held by three brothers, Isaac, Frederick and Samuel Klopstock, who were also its directors. In 1933 Isaac died, leaving a will appointing his wife, Grace, and his brother, Frederick,…