Bank of Stockton v. L. L. Howland & Co.

Citations

• 42 Cal. 129

Syllabus

<p>Joint Judgment Erroneous as to one Defendant.—A joint judgment on a promissory note rendered against the administrator of a deceased maker and the surviving makers, is erroneous as to the administrator, if it is not made payable de bonis testatoris, but this error does not invalidate it as to the other defendants.</p> <p>Presentation or Claim to Executor.—An objection to a recovery on a claim against the estate of a deceased person on the ground that it was not presented to the executor for allowance, cannot be made for the first time in the Supreme Court, nor on motion for a new trial.</p>