Brownell v. Superior Court of Yolo Cty.
California Supreme Court
PETITION for Writ of Prohibition to the Superior Court of Tolo County. N. A. Hawkins, Judge. The facts are stated in the opinion of the court. Hurst & Hurst, and Alexander B. Baldwin, for Petitioners.
1Opinion of the CourtShaw, J.
This is an original proceeding in prohibition to prevent the superior court from hearing an application by one Mabry McMahan, who alleges that he is a creditor of the estate, to set aside an order of partial distribution of the estate •of Harriet V. Brownell, deceased, on the ground that it was taken against him through his mistake and excusable neglect.
It is claimed that the application of McMahan was made after the expiration of the period of six months prescribed as a limitation thereto by section 473 of the Code of Civil Procedure.
1. The petition for partial distribution of the estate was…
2Cases cited18 opinions
- Matter of the Estate Op Bernard NewManCalifornia Supreme Court · 1888
- Crim v. KessingCalifornia Supreme Court · 1891
- In re the Estate of CookCalifornia Supreme Court · 1888
- People v. Ah SamCalifornia Supreme Court · 1871
- Broder v. ConklinCalifornia Supreme Court · 1893
13 more not listed; retrieve them via the Exa API.
3Cited by70 opinions
- Phillips v. PhillipsCalifornia Supreme Court · 1953
- People v. BergerCalifornia Supreme Court · 1955
- Associated Convalescent Enterprises v. Carl Marks & Co.California Court of Appeal · 1973
- Bell v. KraussCalifornia Supreme Court · 1915
- Yoder v. YoderCalifornia Supreme Court · 1926
65 more not listed; retrieve them via the Exa API.