Vermont Marble Co. v. Black

Citations

• 123 Cal. 21
• 55 P. 599
• 1898 Cal. LEXIS 977

Syllabus

<p>Estates of Deceased Persons—Presentation of Claims—Proof Required in Action Pending—Nonsuit.—The plaintiff in an action pending against a deceased person at the time of his death, must duly present his claim to the executor or administrator of the estate of the deceased, and cannot recover in his action unless proof of such presentation is made; and upon failure to make such proof upon a trial had against the personal representative of the decedent, the plaintiff is properly nonsuited.</p> <p>Id.—Pendency of Action—Default Judgment against Decedent—Appeal—Reversal of Order Refusing to Vacate.—An action is deemed to be pending until its final determination upon appeal, unless the judgment is sooner satisfied; and when a default judgment rendered against the decedent in his lifetime was finally vacated as the result of an appeal by the administratrix from an order refusing to vacate it, the action remains pending, and the claim of the plaintiff must be presented to the administratrix.</p> <p>Id.—Satisfaction of Judgment—Payment into Court of Proceeds of Sale.—A judgment against a deceased person, upon which an execution was issued, and property of the estate sold under execution, the proceeds of which were paid into court, pending an appeal by the administratrix, to await the final termination of the action, is not satisfied, so as to terminate the action within the meaning of section 1049 of the Code of Civil Procedure.</p>