Majority
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.
Cases cited
- McLean v. Crow 88 Cal. 644 at 647 p. 503
- Gallagher v. McGraw 132 Cal. 601 p. 503