Pyatt v. Brockman

California Supreme Court

Pyatt v. Brockman

6 Cal. 418

CourtCalifornia Supreme Court

DecidedJuly 1, 1856

StatusPublished

Cited by3 cases

This text of 6 Cal. 418 (Pyatt v. Brockman) 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.

Bluebook

Pyatt v. Brockman, 6 Cal. 418 (Cal. 1856).

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Opinion

Mr. Justice Heydenfeldt delivered the opinion of the Court.

Mr. Chief Justice Murray concurred.

This is a proceeding which is totally unauthorized, and the petitioners have no right whatever to the fund they seek. It is the money of Hiram Smith, Jr., and must remain his until he dies, or disposes of it. The duty of Brockman is to pay it into the State Treasury, where it must remain until the owner comes to reclaim it, or in case of his death, it is claimed by his representatives.

The order of the Probate Court is reversed.

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Mr. Justice Heydenfeldt delivered the opinion of the Court.

Mr. Chief Justice Murray concurred.

This is a proceeding which is totally unauthorized, and the petitioners have no right whatever to the fund they seek. It is the money of Hiram Smith, Jr., and must remain his until he dies, or disposes of it. The duty of Brockman is to pay it into the State Treasury, where it must remain until the owner comes to reclaim it, or in case of his death, it is claimed by his representatives.

The order of the Probate Court is reversed.

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Bluebook (online)

6 Cal. 418, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pyatt-v-brockman-cal-1856.

Opinion

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