gno.law

Norton v. Zellerbach

California Supreme Court · No. 7724 · 1883-05-12 · Published · 2 Cal. Unrep. 181

NORTON v. ZELLERBACH

Area
civil
Panel
James D. Thornton (author)

Analysis

No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.

Opinion — Thornton

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.