RADAR v. ROGERS

Docket No. L.A. 24421.

49 Cal.2d 243 (1957)

317 P.2d 17

CLARENCE RADAR et al., Appellants, v. ALPHA C. ROGERS, as Administratrix, etc., Respondent.

Supreme Court of California. In Bank.

October 30, 1957.


Attorney(s) appearing for the Case

Gray, Glass, Allen & Ransom, Dudley Gray and Gray, Glass & Allen for Appellants.

Ball, Hunt & Hart and Loyal C. Pulley for Respondent.


SCHAUER, J.

Plaintiffs appeal from a judgment entered after a demurrer to their second amended complaint was sustained without leave to amend. Plaintiff Radar was allegedly injured and the property of plaintiffs Walter J. Henry and Catherine Henry damaged by the negligence of George Rogers, since deceased. The question is whether the action is barred by the following provision of section 714 of the Probate Code: "When a claim is rejected either by the executor or...

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