Johnston v. Superior Court of Napa County

Citations

• 105 Cal. 666
• 39 P. 36
• 1895 Cal. LEXIS 699

Syllabus

<p>Estates of Deceased Persons—Publication of Notice to Creditors— Additional Notice—New Notice.—The judge, when ordering publication of notice to the creditors of deceased person, may direct additional notice to be given, and may do so afterwards within the period allowed for the presentation of claims; and if, when proof of publication is made, the judge determines that the publication has not given notice to the creditors, he may direct a new notice to be given, as though there had been no attempt to publish the notice, and, in such case, the time for the presentation of claims would begin to run only from the giving of the new notice.</p> <p>Id.—Ordering Additional Notice After Expiration of Time—Mandamus—Where the court recognizes a publication already made as giving notice, though, in the opinion of the judge, not the best notice, he cannot, after the expiration of the time allowed for the presentation of claims after publication of the notice, extend the time for the presentation of claims by ordering additional notice, and, in such case, he will be compelled by writ of mandate to sign an order decreeing that the notice to creditors had been given.</p>