California Decisions (Volume 58)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1919. Excerpt: ... S. F. No.. In Bank. October 24, 1919. In the Matter of the Estate of MARY E. TURNER, Deceased. 1 Prohirition--Orjections To Confirmation Of Sale Of Real Estate--Presentation To Trial Court.--The application for a writ of prohibition denied upon the ground that such objections as petitioner has to urge to the confirmation of the sale relerred to in the petition should be presented to the superior court at the time fixed by the clerk of said court for the hearing of the application for confirmation. 2 Id.--Remedy--Appeal.--In the event of adverse action by the trial court, petitioner's remedy is by appeal. Application for writ of prohibition, prayed to be directed against the Superior Court of the City and County of San Francisco to prevent the confirmation of a sale of real estate. Denied. For Petitioner--H. S. Herrick, petitioner in pro. per. BY THE COURT. 1 The application for a writ of prohibition is denied upon the ground that such objections as petitioner has to urge to the confirmation of the sale referred to in the petition should be presented to the superior court at the time fixed by the clerk of said court for the hearing of the application for confirmation. We cannot properly anticipate the action of the superior court in regard to such objections. 2 It may be further noted that in the event of adverse action by the trial court, petitioner's remedy is by appeal. (See sec. 1068, Code Civ. Proc.) (All concur.) S. F. No. 9139. In Bank. October 24, 1919. LONDON GUARANTEE & ACCIDENT COMPANY LTD., Petitioner, v. INDUSTRIAL ACCIDENT COMMISSION, EVA OBERG and MARY OBERG, Defendants. 1 Divorce--Nature Of Interlocutory Judgment.--An interlocutory judgment of divorce is, so far as it determines the rights of the parties, a contract between them, and while ...