In re the Estate of Dorris

This appeal is taken by the public administrator from an order granting letters of administration to the nominee of the non-resident widow of the deceased.

The only question involved is as to the construction of sections 1365 and 1369 of the Code of Civil Procedure, and appellant contends that this question “ has never been squarely presented to the supreme court, and that therefore Estate of Cotter, 54 Cal. 215 , which has been the authority for the ruling of our courts, and upon which authority the supreme court has rendered its decision in Estate of Stevenson, 72 Cal. 164 , does not determine the abstract question of construction of provisions of the code.”

If the question xvas not squarely presented in those cases, it is difficult to imagine how it could be so presented. In Estate of Cotter, 54 Cal. 215 , no other question was involved, and it was discussed fully by the court, and squarely decided. The same is true as to the case of Estate of Stevenson, 72 Cal. 164 .

The first case was decided more than twelve years ago, and has been accepted and acted upon as correct ever since. It is not shown that it violates any principle of law or works injustice. Under such…