Melone v. Davis
California Supreme Court
Appeal from a judgment of the Superior Court of San Joaquin County. The defendant in his answer set up a counter-claim for the amount of taxes paid by him on the distributive share of the plaintiff, after the decree of distribution was entered.
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Appeal from a judgment of the Superior Court of San Joaquin County. The defendant in his answer set up a counter-claim for the amount of taxes paid by him on the distributive share of the plaintiff, after the decree of distribution was entered. The counter-claim was disallowed by the trial court, and a personal judgment was entered against the defendant for the amount awarded to the plaintiff by the decree of distribution, with legal interest thereon from the time it should have been paid. The further facts are stated in the opinion.
1Opinion of the Court
Searls, C.
—Defendant was administrator of the estate of one Joseph M. Davis, deceased.
His final account as such was rendered, settled, and a decree of distribution made by the court.
This action is brought to recover the amount or sum distributed to plaintiff by that decree, and which was by the terms of the decree ordered to be paid by the administrator within ten days from September 20, 1881.
The cause was tried by the court, who filed findings in writing, and rendered judgment thereon in favor of plaintiff.
*281Defendant appeals from the judgment and the case comes up on the judgment roll.
Two…
2Cases cited3 opinions
- Eustace v. JahnsCalifornia Supreme Court · 1869
- Wheeler v. BoltonCalifornia Supreme Court · 1880
- Cummings v. HowardCalifornia Supreme Court · 1883
3Cited by13 opinions
- Harm v. FrasherCalifornia Court of Appeal · 1960
- Nickals v. StanleyCalifornia Supreme Court · 1905
- Sjoli v. HogensonNorth Dakota Supreme Court · 1909
- Wilson v. MartinezWyoming Supreme Court · 1956
- Mitchell v. WilliamsonSupreme Court of Oklahoma · 1956
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