Mousnier v. Superior Court
This text of 115 P. 221 (Mousnier v. Superior Court) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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.
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Cite This Page — Counsel Stack
115 P. 221, 159 Cal. 663, 1911 Cal. LEXIS 366, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mousnier-v-superior-court-cal-1911.