Legal Opinion
Berger v. O'HEARN
California Supreme Court
Decided December 15, 1953No. S. F. 18539PublishedCited by 14 opinions
1Opinion of the CourtEdmonds, J.
William Berger, assertedly a creditor of tbe estate of V. B. McMahan, brought this action after his claim had been rejected. The administrator’s demurrer to the complaint was sustained without leave to amend. The question presented for decision upon Berger’s appeal from the judgment thereafter entered concerns the applicability of a general statute of limitations.
According to Berger’s complaint, in 1945 McMahan became indebted to him upon an account stated and suit was commenced to recover the amount of the debt. That action since has been dismissed for lack of prosecution. McMahan died in…
2Cases cited18 opinions
- Beckett v. SeloverCalifornia Supreme Court · 1857
- Tynan v. WalkerCalifornia Supreme Court · 1868
- Brandenburger v. StateCalifornia Supreme Court · 1952
- Janin v. BrowneCalifornia Supreme Court · 1881
- Barclay v. BlackintonCalifornia Supreme Court · 1899
13 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- County of Santa Clara v. Hayes Co.California Supreme Court · 1954
- Sinka v. Northern Commercial CompanyAlaska Supreme Court · 1971
- Epps v. RussellCalifornia Court of Appeal · 1976
- Hulne v. International Harvester Co.North Dakota Supreme Court · 1982
- United States v. Dorothy Silverman, Administratrix, Estate of Fred R. Silverman, DeceasedCourt of Appeals for the Ninth Circuit · 1980
9 more not listed; retrieve them via the Exa API.