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· 12/1/1890

Daly v. Pennie

Citations

  • 86 Cal. 552
  • 25 P. 67
  • 1890 Cal. LEXIS 1065

Syllabus

<p>Estates of Deoeased Persons — Judgments — Equity.—If a decree of final distribution is erroneous as to the law or the facts, the remedy is by appeal. Such error is not ground for relief in equity against the decree.</p> <p>Id.—Mistake of Attorney’s Clerk.—The fact that the right of appeal was lost by the inadvertence of the clerk of the plaintiff’s attorney in failing to file an undertaking on appeal in proper time is not a ground for relief in equity.</p> <p>Estates of Deceased Persons — Decree of Final Distribution—Notice — Pleading — Presumption. —. The statute does not require personal notice to be given of the application for final distribution; and if the complaint does not allege that the notice required by law was not given, it will be presumed that it was given.</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • on habeas corpus, juror not allowed to impeach verdict
  • juror conducting Internet research about the case not shown to affect 2 This Court has also reversed jury verdicts in cases where jurors impermissibly gathered outside evidence and shared it with the jury. See, e.g., Watkins v. State, 237 Ga. 678, 683- 685 (229 SE2d 465) (1976

Source: CourtListener parenthetical corpus (CC0).

Judges: Hayne

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