Manoogian

Manoogian v. Superior Court

Good Law
1920 Cal. App. LEXIS 291·48 Cal. App. 609·292 P. 168
Court of Appeal of CaliforniaJuly 22, 1920Civ. No. 3282.California1,548 words

Opinion

lead Opinion

Finlayson, J.

This is an original application for a writ of review to annul two orders of the superior court of Imperial County, made in the Matter of the Estate of M. Manoogian, Deceased, on, respectively, July 24, 1919, and March 3, 1920, and under which petitioner assumes that the special administrator claims authority for the payment by him of six thousand dollars, commission for the picking, packing, shipping, and marketing of certain grapes, and the payment of the further sum of nine thousand dollars to a certain bank to satisfy notes that the decedent, in his lifetime, had executed to the bank, and secured by a chattel mortgage on the grapes. No creditor’s claim, as provided by section 1494 of the Code of Civil Procedure, was ever filed or presented for either of these disbursements. Petitioner claims that neither payment was authorized by the orders here sought to be annulled, for the reason that each order was, as she claims, in excess of the court’s jurisdiction.

Petitioner is the widow of Manoog Manoogian, deceased, and as such one of his heirs. Her husband died intestate on July 7, 1918, leaving an estate in Imperial County consisting, in part, of a crop of perishable fruit, viz.,…

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