Home/California Supreme Court/Hays v. Ewing

Hays v. Ewing

11 P. 602, 70 Cal. 127, 1886 Cal. LEXIS 740
CourtCalifornia Supreme Court
DecidedJuly 12, 1886
DocketNo. 11163
StatusPublished
Cited by40 cases

This text of 11 P. 602 (Hays v. Ewing) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hays v. Ewing, 11 P. 602, 70 Cal. 127, 1886 Cal. LEXIS 740 (Cal. 1886).

Opinion

McKinstry, 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 complaint herein avers that the plaintiff, subsequent to and within one year after the judgment in Hayes v. Cogswell, demanded of the defendant herein that he should take an appeal on behalf of the plaintiff in that action.

But the facts stated in this complaint show that an appeal would have been of no avail.

Judgment affirmed.

Myrick, J., and Ross, J., concurred.

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Bluebook (online)
11 P. 602, 70 Cal. 127, 1886 Cal. LEXIS 740, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hays-v-ewing-cal-1886.