California Supreme Court, 1884

Security Savings Bank v. Connell

California Supreme Court · Decided September 3, 1884

65 Cal. 574; 4 P. 580

Cases that cite this one

4 later published cases cite this decision.

Berry v. Scott (Idaho 1927)
Martin v. Saxton (Utah 1916)
Anglo-Nevada Assurance Corp. v. Nadeau (Cal. 1891)
Dreyfuss v. Giles (Cal. 1889)

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

The Court.

The claim being one secured by mortgage, and the plaintiff in its complaint having expressly waived all *575recourse against any property of the estate other than the mortgaged premises, it was not necessary to present such claim to the administratrix for allowance or rejection. (§ 1500, Code Civ. Proc. as amended in 1876.) Therefore it was not necessary that plaintiff should set forth in its complaint any such presentation.

Judgment reversed and cause remanded with directions to overrule the demurrer of the administratrix, with leave to her to answer the complaint within ten days after notice of the order overruling said demurrer.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.