Mousnier v. Superior Court
Elise Mousnier, as Administratrix of the Estate of Therese Berthol v. Superior Court of Alameda County
- Area
- civil
- Panel
- The Court (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
The application for a writ of prohibition is denied. In explanation, we take this occasion to say if the superior court should make an order directing the payment of attorney's fees incurred by the proponent of the will of Therese Berthol, payable out of the assets of the estate, it would be an order directing the payment of a claim against said estate, and, under subdivision 3 of section 963 or under section 1616 of the Code of Civil Procedure, it would be an appealable order. The applicant has, therefore, an adequate remedy by appeal, and prohibition is unnecessary.
Cited by
- Himovitz v. Justice's Court Docket No. 5211. · 1926-03-15