Neal v. Byers

California Supreme Court

Neal v. Byers

45 Cal. 234

CourtCalifornia Supreme Court

DecidedJuly 1, 1873

DocketNo. 3,551

StatusPublished

This text of 45 Cal. 234 (Neal v. Byers) 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

Neal v. Byers, 45 Cal. 234 (Cal. 1873).

Pincite

Opinion

By the Court:

Leaving out of view other difficulties in the plaintiff’s case and regarding the complaint as a bill in equity, for a new trial, it comes too late. There has been a delay of more than two years in bringing this action, after the matters alleged as ground of relief were known to the plaintiff. [235]*235Among other recognized rules governing such proceedings, is the one that application must be made promptly after the facts are discovered. Lord Hardwicke seems to have thought that a delay of seven months was scarcely admissible. (2 Atk. 319.)

J udgment affirmed.

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By the Court:

Leaving out of view other difficulties in the plaintiff’s case and regarding the complaint as a bill in equity, for a new trial, it comes too late. There has been a delay of more than two years in bringing this action, after the matters alleged as ground of relief were known to the plaintiff. [235]*235Among other recognized rules governing such proceedings, is the one that application must be made promptly after the facts are discovered. Lord Hardwicke seems to have thought that a delay of seven months was scarcely admissible. (2 Atk. 319.)

J udgment affirmed.

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Bluebook (online)

45 Cal. 234, Counsel Stack Legal Research, https://law.counselstack.com/opinion/neal-v-byers-cal-1873.