Opinion
Docket No. L.A. 13891.
March 7, 1933.
APPEAL from a judgment of the Superior Court of Santa Barbara County. A.B. Bigler, Judge. Affirmed.
The facts are stated in the opinion of the court.
James Donovan for Appellant.
Griffith Thornburgh for Respondent.
THE COURT.
The lower court dismissed this cause for want of jurisdiction.
[1] 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 cases. ( McLean v. Crow, 88 Cal. 644, 647 [26 P. 596]; Gallagher v. McGraw, 132 Cal. 601 [ 26 P. 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, 115 Cal. 301 [ 64 P. 1080].)
The order is affirmed.