Bell v. Staacke

I dissent. Conceding, as I must, that the order dismissing this appeal on the ground that the notice was prematurely filed is sustained by a long and unbroken line of decisions, commencing with McLaughlin v. Doherty, 54 Cal. 519, and coming down to Estate of Devincenzi, 131 Cal. 452, I am still of the opinion that it is not too late to correct what I am convinced was an erroneous construction of section 939 of the Code of Civil Procedure, adopted in the decision first above cited, and ever since followed, without consideration of the injustice to litigants and inconvenience to this court,…