Morrow v. Barker

Citations

• 119 Cal. 65
• 51 P. 12
• 1897 Cal. LEXIS 848

Syllabus

<p>Estates of Deceased Persons—Presentation of Claims—Claim of Another Decedent—Statute of Limitations—Exception—Construction of Code. Section 1493 of the Code of Civil Procedure, declaring that all claims arising upon contract, whether the same be due or contingent, must be presented within the time limited in the notice to creditors, and any claim not so presented is barred forever, is a statute of limitations having no exception from its operation saving the claim of a claimant who had no notice by reason of being ■ out of the state; and a court is not authorized to make any other exception to relieve from hardship, or to aid apparent equities; and a claim arising upon contract presented by the administrator of a deceased claimant, after the time for presentation of claims has elapsed, is properly rejected, and an action thereupon is barred by sections 1493 and 1500 of the Code of Civil Procedure.</p> <p>Id.—Right of Administrator to Bring and Maintain Action—Construction of Code.—Section 353 of the Code of Civil Procedure, which provides that in case of the death of a deceased person entitled to bring an action before the expiration of the time limited for the commencement thereof, an action may be commenced by Ms representative after that time, and within six months from Ms death, does not apply to an action upon a claim against the estate of another deceased person; and section 1500 of the same code, which declares that no holder of any claim shall maintain any action thereon, unless the claim shall first have been presented, is to be construed as precluding the right to bring an action until such presentation, the first essential of the right to maintain or prosecute an action being the right to bring or commence it.</p>