California Supreme Court, 1875

Lowell v. Kier

California Supreme Court · Decided July 1, 1875

50 Cal. 646

Cases that cite this one

6 later published cases cite this decision.

Berger v. O'HEARN (Cal. 1953)
McCormick v. González Martínez (Supreme Court of Puerto Rico 1936)
McCormick v. González Martínez (Supreme Court of Puerto Rico 1936)
Estate of Shinoe v. Shinoe (Wis. 1933)
Viau v. Viau (Cal. Ct. App. 1922)
Hyde v. Heller (Wash. 1895)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

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. *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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.