Stevenson v. Superior Court
California Supreme Court
Application for writ of certiorari to review an order of the Superior Court vacating and annulling all the proceedings in the matter of the estate of James Valentine. Halsey, J. The decree discharging the administrator was dated December 24, 1877. The petition of Valentine was filed February 11, 1881, and prayed that a citation should issue to the administrator to show cause why the proceedings in the matter of his estate should not be set aside and annulled.
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Application for writ of certiorari to review an order of the Superior Court vacating and annulling all the proceedings in the matter of the estate of James Valentine. Halsey, J. The decree discharging the administrator was dated December 24, 1877. The petition of Valentine was filed February 11, 1881, and prayed that a citation should issue to the administrator to show cause why the proceedings in the matter of his estate should not be set aside and annulled. After citation to the administrator and trial, a decree was rendered adjudging that all the proceedings had in the matter of the said…
1Opinion of the Court
Ross, J.:
The question in this case is whether the Court in which was had administration upon the estate of a man supposed to have been dead, but who subsequently and after the administration had been closed appeared “in the flesh,” and moved the entry of an order vacating and annulling the proceedings, rightly granted the motion and entered, the order. We have no doubt of the correctness of the action of the Court in that particular.
Administration may lawfully he had upon the estate of a dead man, but not upon that of one in life. Until death occurs there is no “subject matter” over which it…
2Cases cited3 opinions
- State v. McGlynn & ButlerCalifornia Supreme Court · 1862
- Duncan v. StewartSupreme Court of Alabama · 1854
- Irwin v. ScriberCalifornia Supreme Court · 1861
3Cited by15 opinions
- Springer v. . ShavenderSupreme Court of North Carolina · 1896
- Higgins v. City of San DiegoCalifornia Supreme Court · 1901
- Guardianship of ReeveWisconsin Supreme Court · 1922
- Linsteadt v. NicholasCalifornia Court of Appeal · 1986
- People v. MillerCalifornia Supreme Court · 1918
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