Berry v. Chaplin, 74 Cal. App. 2d 652 (1946)

Citation: Berry v. Chaplin, 74 Cal. App. 2d 652 (1946)
Parent Document: Berry v. Chaplin, 74 Cal. App. 2d 652 (1946)
Jurisdiction: California (state)
Effective Date: 1946-05-27
Original Source: https://www.courtlistener.com/opinion/2616982/berry-v-chaplin/ ↗

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The stipulation was not a compromise of the minor’s claim, and if intended as such the annexed order purporting to approve it was invalid and failed of its purpose. Section 1431 of the Probate Code provides that when a minor has a disputed claim for damages, money, or other property against a third person the same may be compromised, but that before the compromise is valid it must be approved by the superior court of the county wherein the minor resides upon the filing of a verified petition in writing. The record does not show and defendant does not claim that a verified petition was filed, and, as heretofore pointed out, no hearing was had and no evidence taken.

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