Chiapella v. County Nat. Bank Etc. Co.
S.E. Chiapella v. County National Bank and Trust Company of Santa Barbara, Administrator, Etc.
- Proceeding
- appeal from a judgment
- Trial court
- Superior Court of Santa Barbara County
- Trial judge
- A. B. Bigler
- Outcome
- affirmed — Affirmed.
- Area
- civil
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 COURT.
The lower court dismissed this cause for want of jurisdiction.
[1] A suit upon a rejected claim is not an exercise of probate jurisdiction. The action is upon the contract and venue is determined as in other civil cases. (McLean v. Crow,88 Cal. 644, 647 [26 P. 596]; Gallagher v. McGraw, 132 Cal. 601 [26 P. 596].) Such a suit is also recognized as a transitory action. It follows the person of the defendant and may be tried in a county other than that wherein the estate is being probated. (Thompson v. Wood, 115 Cal. 301 [64 P. 1080].)
The order is affirmed.
*Page 504
Cites, in this corpus
- Gallagher v. McGraw Sac No. 864. · 1901-05-03
- Thompson v. Wood S. F. No. 386 · 1896-12-15
- McLean v. Crow No. 13465 · 1891-05-01
Cited by
- Metzger v. Silverman 110797 · 1976-09-08
- Palmer v. Gregg L. A. 29117 · 1967-02-03
- Vickerson v. Wehr Civ. 11471 · 1941-01-29