Cooke v. Spears
California Supreme Court
Appeal from the Superior Court of the City of San Erancisco. The only question raised in the trial of this cause in the Court below, was as to the right of defendant to amend his answer, by adding a plea of the statute of limitations. The action was commenced on the 3rd of March, 1852, and the claim was for a bill of goods, sold to the defendant in the month of March, 1851; which claim it was alleged had been assigned to plaintiff.
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Appeal from the Superior Court of the City of San Erancisco. The only question raised in the trial of this cause in the Court below, was as to the right of defendant to amend his answer, by adding a plea of the statute of limitations. The action was commenced on the 3rd of March, 1852, and the claim was for a bill of goods, sold to the defendant in the month of March, 1851; which claim it was alleged had been assigned to plaintiff. Defendant pleaded the general issue and set-off. The cause came on for trial March 18th, 1852; before the jury had been empanelled, the defendant’s counsel applied…
1Opinion of the Court
. The opinion of the Court was delivered by
Anderson, Justice.
This was an action brought for the recovery of a debt assigned by William S. Walton to the plaintiff.
The debt and the assignment were proved, and a verdict was rendered for the plaintiff, and judgment entered accordingly.
The counsel for the defendant have moved for a new trial, upon the ground that before the jury had been empanelled, the *411leave of the Court was asked to amend his answer by adding a plea of the statute of limitation; which was refused by the Court, and to which he excepted.
The object of the statute in reference to…
2Cited by24 opinions
- Davenport v. StrattonCalifornia Supreme Court · 1944
- Rudd v. ByrnesCalifornia Supreme Court · 1909
- Overton v. WhiteCalifornia Court of Appeal · 1937
- Trower v. City and County of San FranciscoCalifornia Supreme Court · 1910
- Chadbourne v. ChadbourneCalifornia Court of Appeal · 1911
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