¶1The petition for a rehearing is denied. There can be no doubt that in this action, under proper pleadings, the responsibility of the sureties may be determined and fixed. But this cannot be done upon such evidence as was here introduced, — that is, the order of the probate court settling the account of the present administrator. Neither the former administrator nor the sureties were parties to that proceeding. They did not have their day in court, and the decree so given cannot bind them in the present action. *202
135 Cal. 197
67 P 784
Reither v. Murdock
Decided December 26, 1901
California Supreme Court · decided 1901-12-26
<p>The facts are stated in the opinion of the court.</p>
Good law ✅— No negative treatment on recordhow we know
Decided 1901-12-26
How this case has been cited
Cited by 15 later decisions — most recently July 1987
15 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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