Hartson v. Hardin
California Supreme Court
Appeal from the District Court of the Seventh District, Napa County. The complaint sets forth, that plaintiff, who is an attorney at law by profession, was employed by defendant in October, 1861, to apply for and procure a patent for a certain rancho in Napa County, in which defendant claimed under Julian Pope, deceased, an undivided one fifth interest, and to induce certain settlers or squatters residing upon portions thereof to remove therefrom, or otherwise to relieve the…
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Appeal from the District Court of the Seventh District, Napa County. The complaint sets forth, that plaintiff, who is an attorney at law by profession, was employed by defendant in October, 1861, to apply for and procure a patent for a certain rancho in Napa County, in which defendant claimed under Julian Pope, deceased, an undivided one fifth interest, and to induce certain settlers or squatters residing upon portions thereof to remove therefrom, or otherwise to relieve the premises of their possession or adverse claims, defendant undertaking, upon the receipt of the patent and the relief of…
1Opinion of the Court
Crockett, J.,
delivered tbe opinion of tbe Court, Bhodes, C. J., Wallace, J., and Temple, J., concurring:
Tbe defendant’s plea of tbe Statute of Limitations was not well pleaded. Tbe contract, as set out in tbe complaint. *267was that tbe plaintiff’s services were to be paid for when tbe patent for tbe ranch should be received by tbe parties in interest. Tbe plea does not aver that tbe cause of action accrued more than two years before tbe commencement of tbe action, but only that tbe services contracted to be rendered by tbe plaintiff were rendered more than two years before action was brought. If…
2Cited by7 opinions
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- McVerry v. BoydCalifornia Supreme Court · 1891
- Paine v. ComstockWisconsin Supreme Court · 1883
- Blair v. LuningCalifornia Supreme Court · 1888
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