Elkins v. Superior Court

Petition for writ of review.

The sole question is whether or not the procedure allowed on motion for new trial in civil actions may properly be applied to a judgment or order for the settlement of the final account of an administrator where an heir at law has presented an issue, by written objections solely to certain items of attorney’s fees claimed by the administrator for ordinary and extraordinary services of his attorney.

This question is answered by a consideration of what were formerly sections 1714 and 1636 of the Code of Civil Procedure in force at the time in question. The former…