Berson v. Ewing

Citations

• 84 Cal. 89
• 3 Cal. Unrep. 260
• 23 P. 1112
• 1890 Cal. LEXIS 764

Syllabus

<p>Malicious Prosecution of Civil Action — Attachment — Statute of Limitations. — The statute of limitations does not begin to run against a claim for damages for the malicious prosecution of a civil action upon an unfounded claim until the action is terminated, although an attachment may have issued in the action.</p> <p>Id. — Malicious Attachment — Running of Limitation. — It is only where an illegal and malicious attachment is the gist of the action that limitation runs from the date of its issuance and levy; and this rule does not apply where the gist of the action is the malicious prosecution of an unfounded claim in which, so far as the record is concerned, a writ of attachment might have properly issued.</p> <p>Partnership — Rights of Surviving Partner — Claim for Unliquidated Damages — Settlement of Partnership. — A surviving partner has power, under section 2461 of the Civil Code, to prosecute a claim for unliquidated damages in favor of the partnership; and under section 1585 of the same code, has power to settle the business of the partnership, which includes everything that may be necessary to wind up its affairs.</p> <p>Id.—Construction of Code—“Debts” and “Claims” — Damages.— Though the word “debt” does not, in its legal sense, like the word “ claim,” include a demand for damages arising from a tort, they are used synonymously in section 2461 of the Civil Code.</p>