Norton v. Zellerbach

California Supreme Court
Norton v. Zellerbach, 2 Cal. Unrep. 181 (Cal. 1883)
Thornton

Norton v. Zellerbach

Opinion of the Court

THORNTON, J.

In this case a nonsuit was granted on the ground that the action was barred by the statute of limitations. The action was brought for embezzling and unlawfully alienating and converting certain personal property belonging to *182the estate of a deceased person. We have examined the pleadings in the cause and testimony in the bill of exceptions, and are unable to ascertain when the embezzling or unlawful alienation or conversion occurred. It is impossible, then, to determine when the statute of limitations commenced running. In this state of the case we cannot say that the action was barred by the statute when it was commenced, and the judgment is reversed and cause remanded.

We concur: Myriek, J.; Sharpstein, J.

Reference

Full Case Name
NORTON v. ZELLERBACH
Status
Published
Syllabus
Trover and Conversion—Limitations—Nonsuit.—In a civil action for embezzling or converting personal property, where the time of the alleged grievance does not appear by the pleadings or testimony, a nonsuit based on the statute of limitations is not to be sustained.