Rogers v. Bank of America National Trust & Savings Ass'n
140 Cal. App. 2d 228 ·
California Court of Appeal · Filed
Published · citable
Cited by 1
Holding
The court held that a demurrer was properly sustained without leave to amend against a plaintiff attempting to recover, as an heir, property allegedly stolen from his grandmother's estate, because the action could only be maintained by the executor or administrator of that estate and the complaint failed to allege circumstances that would take the case out of this general rule.
Statutes construed
- CCP § 338
- CCP § 360
Cited by (1)
- JOHN M. BOHN et al., Plaintiffs and Appellants, v. CHRISTINE M. SMITH, Defendant and Respondent (1967) 252 Cal. App. 2d 678