Steward v. Hinkel
California Supreme Court
Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order refusing a new trial. The action was brought to recover the value of services alleged to have been rendered by the plaintiff to the defendants’ testator for two years prior to his death.
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Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order refusing a new trial. The action was brought to recover the value of services alleged to have been rendered by the plaintiff to the defendants’ testator for two years prior to his death. The claim on which the action was founded was originally-presented to the defendants, as executors, on the 5th of October, 1882. The executors rejected the claim on the 12th of the same month, and indorsed their rejection on it, but did not notify the plaintiff of their action. More than three months after…
1Opinion of the CourtMcKinstry, J.
Section 1496 of the Code of Civil Procedure reads:—
“ When a claim, accompanied by the affidavit required in this chapter, is presented to the executor or administrator, he must indorse thereon his allowance or rejection, with the day and date thereof. If he allow the claim, it must be presented to a judge of the Superior Court for his approval, who must in the same manner indorse upon it his allowance or rejection. If the executor or administrator, or the judge, refuse or neglect to indorse such allowance or rejection for ten days after the claim has been presented to him, such refusal or…
2Cases cited1 opinion
- Parsons v. HuffSupreme Judicial Court of Maine · 1854
3Cited by4 opinions
- Cowgill v. DinwiddieCalifornia Supreme Court · 1893
- San Joaquin Light & Power Co. v. BarlowCalifornia Court of Appeal · 1919
- Gillespie v. WrightCalifornia Supreme Court · 1892
- Rogers v. County of Los AngelesCalifornia Court of Appeal · 1974