Morrell v. Morgan

Citations

• 65 Cal. 575
• 4 P. 580

Syllabus

<p>Statute of Limitations—Seduction of Minor—Majority.—The Statute of Limitations does not commence to run against the right of a minor to sue for her seduction until she attains her majority.</p> <p>Demurrer—Appointment of Guardian.—It was alleged in the complaint that the plaintiff is a minor under the age of eighteen years, and that “ George Bellas is her duly appointed and acting guardian.” This was demurred to upon the ground that it did not appear from the complaintthat the plaintiff hada “ legally appointed guardian.” Meld, that the demurrer was not sufficient to raise an issue of law.</p> <p>Evidence— Objections.—The testimony of a party that a certain person is her guardian, when not objected to, is sufficient evidence of the fact of his guardianship.</p> <p>Id.—Age of Witness—Declarations of Members of Her Family.—The testimony of a witness as to her age at a given time is admissible in evidence, although her knowledge is derived solely from statements made to her by members of her family.</p> <p>Estoppel— Prior Judgment. —An infant brought an action for seduction in her own name, but did not aver the fact of her infancy. A demurrer to the complaint was sustained upon the ground that the action was barred by the Statute of Limitations. Meld, that the judgment in that action was nota bar toan action by the infant, through her guardian, in which the fact of infancy was averred.</p>