Byrne v. Byrne

94 Cal. 576 ·

Supreme Court of California · Filed

Published · citable Cited by 1

Holding

The court held that a person cannot simultaneously sue and be sued in the same action, as an estate’s representative cannot maintain an action against herself; however, the defect is not fatal if the plaintiff can amend the pleadings to join all necessary parties, including creditors and heirs, to properly represent the estate’s adverse interests.

Cited by (1)

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