Lowell v. Kier

California Supreme Court

Lowell v. Kier

50 Cal. 646

CourtCalifornia Supreme Court

DecidedJuly 1, 1875

DocketNo. 4563

StatusPublished

Cited by7 cases

This text of 50 Cal. 646 (Lowell v. Kier) 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

Lowell v. Kier, 50 Cal. 646 (Cal. 1875).

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Opinion

By the Court :

The action to compel the specific performance of the agreement mentioned in the complaint was brought within the period limited for its commencement against Whipple, had he lived.

It is not barred merely because it was not brought within one year after the issuance of letters to the defendants. [648]*648The first clause of section 353 of the Code of Civil Procedure, while it may under some circumstances prolong the time originally limited, cannot operate in any case to shorten it.

Judgment and order affirmed.

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By the Court :

The action to compel the specific performance of the agreement mentioned in the complaint was brought within the period limited for its commencement against Whipple, had he lived.

It is not barred merely because it was not brought within one year after the issuance of letters to the defendants. [648]*648The first clause of section 353 of the Code of Civil Procedure, while it may under some circumstances prolong the time originally limited, cannot operate in any case to shorten it.

Judgment and order affirmed.

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Bluebook (online)

50 Cal. 646, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lowell-v-kier-cal-1875.

Opinion

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