Neal v. Byers

California Supreme Court
Neal v. Byers, 45 Cal. 234 (Cal. 1873)

Neal v. Byers

Opinion of the Court

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. *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.

Reference

Full Case Name
CHARLES H. NEAL v. JOHN C. BYERS and JAMES TALMADGE
Status
Published
Syllabus
Bill in Equity nor a New Trial.—An application by hill in equity for a new trial, must he made promptly after the facts are discovered. It is too late to file such bill two years after the facts are discovered.