Hensley v. Superior Court

Citations

• 111 Cal. 541
• 44 P. 232
• 1896 Cal. LEXIS 619

Syllabus

<p>Estates oe Deceased Persons—Order for Notice to Creditors—Time of Publication.—Under section 1490 of the Code of Civil Procedure, the order for the publication of notice to creditors need specify the time of publication only in those instances where the court in its discretion, by reason of the circumstances, deems it proper to require a more extended publication than the minimum required by the statute; and in all other instances the order may be silent on the subject, and when it is so, a publication of proper notice not less than the minimum number of times required by the statute constitutes legal notice to the creditors.</p> <p>Id.—Adjudication of Notice to Creditors—Mandamus.—Where legal notice to creditors has been given, and due proof thereof is made, the court has no discretion to refuse an order or decree showing that due notice to creditors has been given; and upon its refusal to allow such relief, mandamus will lie to compel it.</p>