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Chiapella v. County National Bank & Trust Co.

217 Cal. 503 Court Cal. Decision date 1933-03-07 Docket L. A. No. 13891 English

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p. 503
[L. A. No. 13891.
In Bank.
March 7, 1933.]
S. E. CHIAPELLA, Appellant, v. COUNTY NATIONAL BANK AND TRUST COMPANY OF SANTA BARBARA, Administrator, etc., Respondent.
James Donovan for Appellant.
Griffith & Thornburgh for Respondent.

The lower court dismissed this cause for want of jurisdiction.

A suit upon a rejected claim is not an exercise of probate jurisdiction. The action is. upon the contract and venue is determined as in other civil eases. (McLean v. Crow, 88 Cal. 644 , 647 [ 26 Pac. 596 ] ; Gallagher v. McGraw, 132 Cal. 601 [ 26 Pac. 596 ].) Such a suit is also recognized as a transitory action. It follows the person of the defendant and may be tried in a county other than that wherein the estate is being probated. (Thompson v. Wood, ll5 Cal. 301 [ 64 Pac. 1080 ].)

The order is affirmed.

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