Chiapella v. County National Bank & Trust Co.
S. E. CHIAPELLA v. COUNTY NATIONAL BANK AND TRUST COMPANY OF SANTA BARBARA, Administrator, etc.
- 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.
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 eases. (McLean v. Crow, 88 Cal. 644, 647 [26 Pac. 596] ; Gallagher v. McGraw, 132 Cal. 601 [26 Pac. 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, ll5 Cal. 301 [64 Pac. 1080].)
The order is affirmed.
Cites, in this corpus
- Gallagher v. McGraw Sac No. 864. · 1901-05-03
- McLean v. Crow No. 13465 · 1891-05-01