Hospelhorn v. Newhoff

Respondents upon rehearing have urged that appellant's brief contains an admission of certain facts, not otherwise appearing upon the face of the record, which show appellant’s cause of action herein to be barred by the limitation of time provided by section 359 of the Code of Civil Procedure.

In the original opinion herein (Hospelhorn v. Newhoff, [Cal. App.] 107 Pac. (2d) 956), it was said: “Undisputed statements contained in the briefs indicate that the necessity of enforcing the stockholders’ liability here in question was adjudicated prior to the date alleged in the complaint and more than…