Miller v. Miller
California Supreme Court
APPEALS from judgments of the Superior Court of Tulare County. J. A. Allen, Judge. The facts are stated in the opinion of the court. Flint, Gray & Barker, and Gray, Barker & Bowen, for Appellants. Lamberson, Burke & Lamberson, and Power & McFadzean, for Respondents.
1Opinion of the CourtMelvin, J.
These two actions, which are substantially identical, were brought by the mother and the sister respectively of E. O. Miller, deceased. The actions were based upon the rejection of claims against the estate of said E. O. Miller. In each case the court sustained a demurrer to the complaint without leave to amend and the appeals are from the judgments of dismissal which followed.
The facts set forth in the complaints are substantially as follows:
E. O. Miller and his two brothers signed a writing by which each agreed to deposit $480 in a certain bank on October 15th of each year. From the fund so…
2Cases cited5 opinions
- Verdier v. RoachCalifornia Supreme Court · 1892
- Morse v. McPhersonCalifornia Supreme Court · 1901
- Brooks v. LawsonCalifornia Supreme Court · 1902
- Estate of McDougaldCalifornia Supreme Court · 1905
- Fratt v. HuntCalifornia Supreme Court · 1895
3Cited by12 opinions
- Newman v. BurwellCalifornia Supreme Court · 1932
- Guardianship of CornazCalifornia Supreme Court · 1937
- Sime v. HunterCalifornia Court of Appeal · 1920
- Dabney v. DabneyCalifornia Court of Appeal · 1935
- Joost v. CastelCalifornia Court of Appeal · 1939
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