The Code of Civil Procedure of the State of California; Approved March 11, 1872. with Amendments Up to and Including Those of the Forty-First Session of the Legislature, 1915. with Annotations Embracing the Decisions of the Volume 2

The Code of Civil Procedure of the State of California; Approved March 11, 1872. with Amendments Up to and Including Those of the Forty-First Session of the Legislature, 1915. with Annotations Embracing the Decisions of the Volume 2

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1916 edition. Excerpt: ...the ward is deceased, cannot be instituted nor determined, unless there is a legal representative against whom it can be prosecuted, who may appear and resist the claims of the guardian, and who may be bound by the adjudication therein made. Livermore v. Ratti, 150 Cal. 458; 89 Pac. 327. Where the guardian presented his final account after the death of the ward, and after he had become of age, while petition for letters upon the ward's estate was pending, and the administrator was appointed seven days before the hearing, and did not appear thereat, nor have actual or constructive notice, as administrator, for the required period, the court had no jurisdiction to settle the account, or to impose a lien for the balance of the account upon the real estate of the deceased ward. Livermore v. Ratti, 150 Cal. 458; 89 Pac. 327. The executor of the will of a deceased incompetent may contest the final account of the guardian of such incompetent. Estate of Averill, 6 Cal. Unrep. 774; 66 Pac. 14. Actions against guardian and sureties. Before an action will lie against the guardian of an infant for default, an accounting and settlement must have been had in the probate court. Allen v. Tifiany, 53 Cal. 16. An action will not lie against the sureties on the bond of the guardian, of an infant until the account of the guardian has been settled by the court. Grafl v. Mesmer, 52 Cal. 636; Trumpler v. Cotton, I09 Cal. 250; 41 Pac. 1033. The general rule is, that the liability of the sureties on the bond of an administrator or guardian depends on the liability of the principal, and does not attach until the latter has been ascertained and determined by a court of competent jurisdiction. Reither v. Murdock, 135 Cal. 197; 67 Pac. 784. In a suit on the...show more

Product details

  • Paperback | 900 pages
  • 189 x 246 x 45mm | 1,574g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236901894
  • 9781236901897