In re Estate of Griffith

Probate Practice — Petition for Revocation of Letters of Administration— Presumption as to Existence of Jurisdictional Facts — Notice—• Residence.—If a petition for the revocation of letters of administration does not show that the jurisdictional facts did not exist, it will be presumed for the purposes of the application that they did exist. So held as to the facts of notice and residence.

Id. — Order Appointing Administrator — Adjudication of Jurisdictional Facts. — An order appointing an administrator, made upon a petition setting forth the jurisdictional facts, amounts to an adjudication of the existence of such facts.

Id.—Notice of Application for Letters of Administration — Instance. — No other notice of an application for letters of administration than that prescribed by statute is required. Where the public administrator of one county applies for letters, it is not necessary to send notices to the public administrator of any other county.

Id. — Jurisdictional Facts —Residence—Collateral Attack. —The residence of the deceased in the county where the application is made is one of the jurisdictional facts which the court must determine from the evidence before it. Such determination, although it may be erroneous, is valid until set aside in some appropriate proceeding. It cannot be attacked collaterally.

Public Administrator — Application for Revocation of Letters — Who may Make. — Section 1383 of the Code of Civil Procedure does not authorize an application by the public administrator of one county for the revocation of letters issued to the public administrator of another county.

Relief against Default — Application under Section 473—Separate Suit for Relief. —■ An application under section 473 of the Code of Civil Procedure must be by proceeding in the cause wherein the default was taken, and not by separate suit for relief against the judgment..

Relief in Equity against a Judgment — Errors in Law or Fact — Fraud — Failure of Party to Introduce Evidence Known by

Him to Exist. — A separate suit to set aside a judgment cannot be maintained on account of mere errors of law or fact in the first suit. Nor can it be maintained on account of fraud in a matter examined in the first suit, and upon which the judgment therein was based. The frauds for which equity grants relief against judgments are those which are extrinsic, or collateral to the matter tried in the first suit. The mere failure of a party to introduce evidence known by him to exist does not amount to such fraud.