Legal Opinion
Sharp v. Miller
California Supreme Court
Decided July 1, 1881No. 6,653PublishedCited by 5 opinions
Appeal from a judgment for the defendant, in the Twenty-third District Court, City and County of San Francisco. Thornton, J.
1Opinion of the Court
Myrick, J.:
This action was brought to recover damages for the malicious and groundless suing out of a writ of attachment in a suit against a third party, and levying it upon real estate belonging to and standing in the name of plaintiff. The alleged levy was June 17th, 1874, and this action was not commenced within two years thereafter. The defendant demurred on several grounds, among others that the cause of action was barred by the Statute of Limitations. (§ 339, subd. 1, Code Civ. Proc.) Upon that ground, the Court below sustained the demurrer, and plaintiff appealed. It is alleged in the…
2Cited by5 opinions
- McCusker v. WalkerCalifornia Supreme Court · 1888
- Berson v. EwingCalifornia Supreme Court · 1890
- Storey v. Shasta Forests Co.California Court of Appeal · 1959
- Kirsch v. BarnesCourt of Appeals for the Ninth Circuit · 1959
- Kirsch v. BarnesCourt of Appeals for the Ninth Circuit · 1959