Chabot v. Tucker

Citations

• 39 Cal. 434

Syllabus

<p>Practice.'—Laches.—A failure to prosecute a motion for a new trial for the space of three months, does not constitute such laches as will warrant an interference with the discretion, which, in such cases, is properly exercised by the Court below.</p> <p>Cause of Action.—New Pbomise.—When the creditor sues after the Statute of Limitations has run upon the original contract, or after a discharge in insolvency, his cause of action is not the original contract, hut it is the new promise.</p> <p>Idem.—Pleading. — The complaint must show a subsisting cause of action; and when the original cause has been barred by the statute, or a discharge in insolvency, and a new promise is relied on, the new promise must he pleaded.</p>