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Harris v. Hillegass

Supreme Court of California
Nov 6, 1884
66 Cal. 79 (Cal. 1884)

Summary

In Harris v. Hillegas, 66 Cal. 79, which was a similar case, it was held that a delay of somewhat over twenty years rendered the claim stale.

Summary of this case from Bell v. Hudson

Opinion

         Department One

         Hearing in bank denied.

         Appeal from a judgment of the Superior Court of the county of Alameda, and from an order refusing a new trial.

         COUNSEL:

         Edward J. Pringle, for Appellants.

          Sidney V. Smith & Son, for Respondents.


         JUDGES: McKinstry, J. McKee, J., and Ross, J., concurred.

         OPINION

          McKINSTRY, Judge

         There was evidence to sustain the finding that the partnership created by the contract of June 26, 1849, was dissolved more than twenty years before the commencement of this action. As the dissolution occurred more than twenty years before the commencement of the action, the court below -- a court of equity -- was justified in refusing to entertain plaintiff's application for relief. And, as laches deprives a plaintiff of the right to appeal to a court of equity, the court may refuse to entertain a suit brought after unreasonable delay, although the defendant has not, in his answer, alleged that the claim is stale. (Sullivan v. Portland, etc., R. R. Co ., 94 U.S. 811.) Judgment and order affirmed.


Summaries of

Harris v. Hillegass

Supreme Court of California
Nov 6, 1884
66 Cal. 79 (Cal. 1884)

In Harris v. Hillegas, 66 Cal. 79, which was a similar case, it was held that a delay of somewhat over twenty years rendered the claim stale.

Summary of this case from Bell v. Hudson
Case details for

Harris v. Hillegass

Case Details

Full title:WILLIAM C. HARRIS et al., Appellants, v. MARIE HILLEGASS, Administratrix…

Court:Supreme Court of California

Date published: Nov 6, 1884

Citations

66 Cal. 79 (Cal. 1884)
4 P. 987

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