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Reports of Cases Determined in the Supreme Court of the State of California (Volume 183 )

Reports of Cases Determined in the Supreme Court of the State of California (Volume 183 )

Paperback

General World History

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ISBN10: 1235515044
ISBN13: 9781235515040
Publisher: General Books
Pages: 342
Weight: 1.35
Height: 0.71 Width: 7.44 Depth: 9.69
Language: English
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. 1921. Excerpt: ... EXECUTORS AND ADMINISTRATORS (Continued). relative is personally competent to qualify as administrator. (Estate of Mintaberry, 566.) 2. Nominee Of Nonresident Widow--Incompetency To Petition Fob Revocation Of Letters.--The nominee of a nonresident surviving wife is not entitled under section 1383 of the Code of Civil Procedure to petition for the revocation of letters of administration on the estate of her deceased husband issued to the public administrator, notwithstanding under subdivision 1 of section 1365 of such code a nonresident husband or wife is permitted to nominate a representative on an original application for letters. (Id.) EXEMPTIONS. See Estates of Deceased Persons, 14. EXPERTS. See Estates of Deceased Persons, 28. FAMILY ALLOWANCE. See Estates of Deceased Persons, 5. FEES. See Estates of Deceased Persons, 5. FIDUCIARY RELATIONS. See Corporations, 15, 16. FINDINGS. See Appeal, 12; Corporations, 42; Estoppel; Mortgages, 2; Negligence, 11, 25-28; Promissory Notes; Public Utilities Act, 1; Reclamation Districts, 2, 3. FRAUD. 1. Ineffectual Disaffirmance--Subsequent Action For Damages. While it is true that a party induced to enter into a transaction by fraud, affirms the transaction when he brings an action for damages and because of the affirmance loses any right to disaffirm, subsequently, it is not true that if he seeks to disaffirm, but ineffectually, he loses the right thereafter to maintain an action for damages. (Bancroft v. Woodward, 99.) 2. Action For Rents--Fraud In Execution Of Lease--Damages Or Rescission.--In an action to recover rents under a lease, the defendant may, in addition to his answer alleging that he was induced to execute the lease by fraud, claim by counterclaim and by cross-complaint filed at the same time that he i...

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