Mahoney v. Superior Court
Ann Mahoney v. Superior Court Etc.
- Proceeding
- writ
- Trial court
- Superior Court of the City and County of San Francisco dismissing a contest of probate of will
- Trial judge
- J. V. Coffey
- Outcome
- writ denied — The petition is dismissed for the reason that the order in question can be reviewed on appeal, and that certiorari is therefore not the proper remedy.
- Area
- civil
- Panel
- William H. Beatty (author)
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion
This is a petition for a writ of certiorari to review an order of the superior court dismissing a contest of a proved will, upon the ground that the necessary citation was not issued within a year after the decree admitting the will to probate. Among other grounds of demurrer to the petition, is the existence of a right to appeal, which, whenever it is available, excludes the right to proceed by certiorari. (Code Civ. Proc., sec. 1068.)
We think the demurrer must be sustained on this ground. The order which we are asked to review put an end to the contest, and was in effect an order refusing to revoke the probate of the will, which is one of the orders made appealable by the amendment of 1901 to section 963 of the Code of Civil Procedure. The petition is dismissed for the reason that the order in question can be reviewed on appeal, and that certiorari is therefore not the proper remedy.
Shaw, J., Angellotti, J., Van Dyke, J., McFarland, J., Henshaw, J., and Lorigan, J., concurred.
Cited by
- Estate of Emery Civ. No. 61 · 1962-01-09
- Middlecoff v. Middlecoff Civ. No. 61 · 1962-01-09
- Estate of Plumb S. F. No. 8226. · 1918-01-25
- In Re Estate of Baker L.A. No. 4079. · 1915-07-19