Legal Opinion · Dissent

Bills v. Silver King Mining Co.

California Supreme Court

Decided January 28, 1895No. 13406Published

Appeal from a judgment of the Superior Court of the City and County of San Francisco. The facts are stated in the opinion of the court.

1DissentGaroutte, J.

I dissent.

A demurrer was sustained to plaintiff’s complaint upon the ground that his cause of action was barred by the statute of limitations, and, upon refusal to amend, the action was dismissed; and thereupon this appeal was taken.

The complaint contains the following allegations:

“ Plaintiff further complaining avers and alleges upon information and belief that the said Silver King Mining Company, with the intent, object, purpose, and design to defraud the said Mary A. Reagan, the heirs of said Benjamin W. Reagan, said estate of said Benjamin W. Reagan, and said administratrix out of said…

2Cases cited4 opinions

  1. Wright v. PaineSupreme Court of Alabama · 1878
  2. State v. Baltimore & Ohio Rail-roadCourt of Appeals of Maryland · 1847
  3. Scott v. Central Railroad & Banking Co. of GeorgiaNew York Supreme Court · 1868
  4. Hagar v. Union National BankSupreme Judicial Court of Maine · 1874

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