Kirsch v. Derby
California Supreme Court
Appeal from a judgment of the Superior Court of Alameda County. The action was brought against the defendant, as executor of the estate of Julia Kirsch, deceased, to recover the sum of $3,725, alleged to have been received by the defendant as such executor from the German Savings and Loan Society, “ to and for the use of and belonging to plaintiff,” which the defendant refused to pay to plaintiff upon demand made therefor.
Read the full summary
Appeal from a judgment of the Superior Court of Alameda County. The action was brought against the defendant, as executor of the estate of Julia Kirsch, deceased, to recover the sum of $3,725, alleged to have been received by the defendant as such executor from the German Savings and Loan Society, “ to and for the use of and belonging to plaintiff,” which the defendant refused to pay to plaintiff upon demand made therefor. The complaint alleges that Julia Kirsch, the wife of plaintiff, died in Alameda County, March 28, 1890, leaving a last will, in which she appointed J. S. Derby as executor;…
1Opinion of the Court
McFabland, J.—
Defendant made default in the court below, and judgment was rendered for plaintiff. Defendant appeals upon the judgment roll; and the point insisted on for a reversal is, that the complaint is defective, because plaintiff, by said complaint, has not properly pleaded either the probate of the will of Julia Kirsch, deceased, or the appointment of defendant as executor.
We are satisfied that the probate of the will and the executorship of appellant are sufficiently pleaded. (Weller v. Dickinson, 93 Cal. 108; Wise v. Williams, 72 Cal. *605547; Munro v. Dredging Co., 84 Cal. 515; 18…
2Cases cited7 opinions
- Munro v. Pacific Coast Dredging & Reclamation Co.California Supreme Court · 1890
- Blasingame v. Home Ins. Co. of City of N.Y.California Supreme Court · 1888
- Heeser v. MillerCalifornia Supreme Court · 1888
- Blanc v. KlumpkeCalifornia Supreme Court · 1865
- Wise v. WilliamsCalifornia Supreme Court · 1887
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Grignon v. ShopeOregon Supreme Court · 1921
- Murdough v. MurdoughCalifornia Court of Appeal · 1913