Logourl black
From our private database of 13,000+ case briefs...

Bank of California Nat. Ass'n v. Superior Court

Supreme Court of California
106 P.2d 879 (Cal. 1940)


Facts

Bank of California (Bank) (defendant) was named executor of the will of Sara Boyd. The will left most of Boyd’s estate to St. Luke’s Hospital (St. Luke’s) (defendant) and the rest to various other beneficiaries, some of whom lived far away, in foreign countries. Boyd’s niece, Bertha Smedley (plaintiff), brought suit to enforce an alleged contract with Boyd that gave Smedley the entire estate. The suit was brought against the Bank and all of the beneficiaries under the will. Summons was served only on the Bank and St. Luke’s. The Bank and St. Luke’s filed a motion for a writ to have summons served on the other defendants to bring them into the case, arguing that they were “necessary and indispensible” parties. The Superior Court denied the motion. The Bank and St. Luke’s then filed a motion for a writ of prohibition to suspend the trial until the other defendants were brought in.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision. To access this section, start your 7-day free trial of Quimbee for Law Students.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning (Gibson, C.J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, start your 7-day free trial of Quimbee for Law Students.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 128,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 13,000 briefs, keyed to 176 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.