Fox v. Tay
California Supreme Court
Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an "order" denying a new trial.
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Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an "order" denying a new trial. The depositions of plaintiffs and appellants referred to in the opinion of Mr. Justice Paterson were taken on commission in New York City, on direct and cross interrogatories, upon stipulations agreeing that the testimony should be taken, and that the witnesses should he interrogated in accordance with certain questions, direct and cross, “subject, however, to all objections as to the propriety, relevancy, and materiality of each thereof, and upon the express…
1Opinion of the Court
The Court
After hearing in Bank and further consideration of the case, we are satisfied with the con*344elusion reached in Department One, and • with the opinion there delivered by Mr. Justice Paterson.
The matters upon which the plaintiffs rely to relieve them from the bar of the statute of limitations may be deemed to have been pleaded in answer to the affirmative matters alleged in the answers of the defendants. There being no replication, such affirmative matters are taken as controverted. (Code Civ. Proc., sec. 462.)
The judgment and order are reversed, and the cause remanded for a new trial.
The…
2Cases cited12 opinions
- Parsons v. . LymanNew York Court of Appeals · 1859
- Bacon v. RivesSupreme Court of the United States · 1882
- Wyman v. HalsteadSupreme Court of the United States · 1884
- Estate of AppleCalifornia Supreme Court · 1885
- Wilkins v. EllettSupreme Court of the United States · 1883
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3Cited by23 opinions
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