Rogers v. Hoberlein
California Supreme Court
Appeal from the District Court of the Twelfth Judicial District, County of San Francisco. This was an action in the name of the plaintiff, as Public Administrator of the County of San Francisco, to recover from the defendant certain rents due by virtue of a lease from Samuel Flower, former Public Administrator of said county, and as such in charge of the estate of Auguste Deck, deceased.
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Appeal from the District Court of the Twelfth Judicial District, County of San Francisco. This was an action in the name of the plaintiff, as Public Administrator of the County of San Francisco, to recover from the defendant certain rents due by virtue of a lease from Samuel Flower, former Public Administrator of said county, and as such in charge of the estate of Auguste Deck, deceased. In December, 1855, the Probate Court of the City and County of San Francisco, by a simple order, and without the presentation of a petition, directed letters of administration to issue to Samuel Flower, the…
1Opinion of the Court 1
1. The first assignment of error is, that the declaration is insufficient to support the judgment.
The suit is upon a lease made between defendant and Samuel Flower, as Administrator of Deck.
The contract is either personal to Flower, or in his representative capacity. In either case, there is no right in the plaintiff to recover.
If “ personal,” then the case shows no assignment by Flower to the plaintiff.
If representative, then it is insisted that Flower is still Administrator of Deck, and plaintiff is not.
Plaintiff has not taken out letters of administration, nor had any grant of…
Also in this document: Opinion of the Court · Baldwin.
2Cases cited2 opinions
- Beckett v. SeloverCalifornia Supreme Court · 1857
- People ex rel. Aylett v. LangdonCalifornia Supreme Court · 1857
3Cited by10 opinions
- In re HamiltonCalifornia Supreme Court · 1868
- Estate of AvelineCalifornia Supreme Court · 1878
- County of Los Angeles v. KelloggCalifornia Supreme Court · 1905
- In re Estate of PingreeCalifornia Supreme Court · 1893
- Estate of LermondCalifornia Supreme Court · 1904
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