Scott v. County of San Francisco

California Court of Appeal

Scott v. County of San Francisco

159 P. 225, 30 Cal. App. 793, 1916 Cal. App. LEXIS 95

CourtCalifornia Court of Appeal

DecidedJune 13, 1916

DocketCiv. No. 1892.

StatusPublished

This text of 159 P. 225 (Scott v. County of San Francisco) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Scott v. County of San Francisco, 159 P. 225, 30 Cal. App. 793, 1916 Cal. App. LEXIS 95 (Cal. Ct. App. 1916).

Pincite

Opinion

THE COURT.

It seems to us that that part of the return of the judge of the superior court reciting that all of the petitioners for general letters of administration requested that there be appointed a special administrator — and upon which particular reliance has been placed by the respondent as justifying the order sought to be reviewed in this proceeding — is quite immaterial, for the reason that the order which the court made and which the petitioner here is seeking to review expressly refers to another proceeding than an oral application for special letters of administration, to wit, to a formal proceeding in which a written application for letters of administration was filed; and that since no such written application for letters of administration was ever filed — and hence no such formal proceeding was before the court — the order of the court purporting to have been made in such formal proceeding must necessarily have been on the face of the record beyond the jurisdiction of the court. For that reason, and those appearing in the discussion of this matter before this court, the writ is granted, and the order sought to be reviewed is annulled.

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THE COURT.

It seems to us that that part of the return of the judge of the superior court reciting that all of the petitioners for general letters of administration requested that there be appointed a special administrator — and upon which particular reliance has been placed by the respondent as justifying the order sought to be reviewed in this proceeding — is quite immaterial, for the reason that the order which the court made and which the petitioner here is seeking to review expressly refers to another proceeding than an oral application for special letters of administration, to wit, to a formal proceeding in which a written application for letters of administration was filed; and that since no such written application for letters of administration was ever filed — and hence no such formal proceeding was before the court — the order of the court purporting to have been made in such formal proceeding must necessarily have been on the face of the record beyond the jurisdiction of the court. For that reason, and those appearing in the discussion of this matter before this court, the writ is granted, and the order sought to be reviewed is annulled.

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Bluebook (online)

159 P. 225, 30 Cal. App. 793, 1916 Cal. App. LEXIS 95, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scott-v-county-of-san-francisco-calctapp-1916.