Dias v. Phillips
Cases that cite this one
4 later published cases cite this decision.
- Wood v. American National Bank (Cal. Ct. App. 1938)
- Sando v. Roberts (S.D. 1916)
- Redfield v. Oakland Consolidated Street Railway Co. (Cal. 1895)
- Robertson v. Burrell (Cal. 1895)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Plaintiff brings this suit in his individual right, and also in his representative capacity, as executor. A demurrer to the complaint was filed, on behalf of defendant, and was overruled by the Court.
The question was raised by the demurrer whether the suit was properly brought by the plaintiff in a double capacity, and we think the objection to the complaint should have been sustained. The right of action was in him or in the estate, and not in both.
The judgment is that the plaintiffs I. L. Dias and I. L. Dias, as executor of the last will and testament of A. H. L. Dias, deceased, do recover, etc. We think the judgment can not be sustained.
Judgment reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.