Lilly-Brackett Co. v. Sonnemann

After this case had been heard and decided in Department One, a rehearing was granted in order that we might further examine the authorities touching upon the defense of the statute of limitations, and particularly that we might consider whether or not at the time of the adoption of section473 of the Code of Civil Procedure the rule was that given in the decision by the Department. A further consideration of this subject has convinced us that the weight of recent authority is overwhelmingly in favor of the rule announced in the decision rendered in Department, and that even at the time of the…