Legal Opinion

Davis v. Hart

California Supreme Court

Decided January 24, 1899No. S. F. No. 1228PublishedCited by 36 opinions

APPEAL from a judgment of the Superior Court of the City and County of San Francisco and from an order denying a new trial. Edward A. Belcher, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtTemple, J.

This action was commenced against George S. Jordan July 1, 1886, by filing a complaint and issuing a summons thereon. The action was upon a promissory note, dated July 1, 1882, due one year after date, without grace. The summons was not served. Defendant then resided, as plaintiff knew, in Sierra county in this state. The suit was commenced on the very last day upon which it could have been brought to avoid the bar of the statute of limitations. That purpose accomplished, plaintiff rested upon his oars, and seven months thereafter defendant died. Ho administrator was appointed on the estate…

2Cases cited1 opinion

  1. Vrooman v. Li Po TaiCalifornia Supreme Court · 1896

3Cited by36 opinions

  1. In Re HainesCalifornia Supreme Court · 1925
  2. Higer v. HansenIdaho Supreme Court · 1946
  3. People v. FloresCalifornia Court of Appeal · 1979
  4. Helping Hand Home for Children v. County of San DiegoCalifornia Court of Appeal · 1938
  5. Kelly v. State Personnel BoardCalifornia Court of Appeal · 1939

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