Reports of Cases Determined in the Supreme Court of the State of California (Volume 186 ) (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1922 Excerpt: ... ESCHEAT (Continued). cheated to the state, the decision of the district court of appeal reversing the judgment in an action by the administrator of the estate of the depositor to recover the deposit wherein it was declared that there hart, been no escheat was not the law of the case, since such decision was not rendered in the same action. (State v. Savings Union Bank etc. Co., 294.) 2. Judicial Proceeding Essential To Escheat.--Some judicial pro ceeding is necessary to perfect an escheat, as otherwise one would be divested of his title without rtue process of law in violation of section 1 of article I of the constitution of this state and the fourteenth amendment of the constitution of the United States. (Id.) 3. Escheat Of Bank Deposits--Statutory Forfeiture.--The escheat of bank deposits provided for in section 1273 of the Code of Civil Procedure is in the nature of a statutory forfeiture, and the rules applying to forfeitures are therefore applicable. (Id.) 4. Judicial Proceeding--Construction Of Code.--The provision of section 1273 of the Code of Civil Procedure that bank deposits unclaimed for twenty years as therein stated shall escheat to the state must not be taken as intending to provide for an immediate escheat, but as providing that the same shall be taken over by the state as an escheat when so adjudged in the action provided for. (Id.) 6. Unclaimed Bank Deposits--Process And Notice In Actions--Bank Act And Section 1273 Of The Code Of Civil Procedure--Construction.--Section 15 of the Bank Act, amended in 1915 (Stats. 1915, p. 107), relating to the deposit of unclaimed bank deposits with the state treasurer, and section 1273 of the Code of Civil Procedure, added to the code in 1915 (Stats. 1915, p. 1106), although separately enacted, relate to ...