Hays v. Ewing
California Supreme Court
Appeal from a judgment of the Superior Court of Modoc County. The action in which the negligence of the defendant is alleged to have occurred was founded on a promissory note, executed on December 1, 1870, and .payable one day after date. The action was commenced July 8,1881. The answer set up the statute of limitations as a defense. On the trial, the court sustained the defense and dismissed the action.
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Appeal from a judgment of the Superior Court of Modoc County. The action in which the negligence of the defendant is alleged to have occurred was founded on a promissory note, executed on December 1, 1870, and .payable one day after date. The action was commenced July 8,1881. The answer set up the statute of limitations as a defense. On the trial, the court sustained the defense and dismissed the action. During the interval between the years 1870 and 1881, the defendants in the action were absent from the state, except for about one year. The complaint in the present action alleged that the…
1Opinion of the CourtMcKinstry, J.
This action is against an attorney at law for neglect of duty in the management of a certain action brought by the present plaintiff against Cogswell et al. The defendant demurred generally, and also on the special ground that the complaint shows that the statutory limitation has run against the alleged cause of action.
The judgment for defendant in Hayes v. Cogswell was made November 19, 1881. This action was commenced June 16, 1884, and so far as it is based on any neglect of the defendant prior to the judgment of November, 1881, was barred by section 339 of the Code of Civil Procedure.
The…
2Cited by40 opinions
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- People v. Superior CourtCalifornia Supreme Court · 1947
- State v. ElliottCourt of Appeals of Texas · 1919
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