Smith v. Hall & Huggins

Citations

• 19 Cal. 85

Syllabus

<p>Where it appears on the face of the complaint that the cause of action is barred by the Statute of Limitations, demurrer lies.</p> <p>A note not due at the death of the maker was presented to the administrator of his estate, March 5th, 1859, and rejected, and suit brought thereon March I2th, 1859—letters of administration having issued Dec. 4th, 1856, and no notice to creditors to present their claims having been published: Held, that the note is not barred by the Statute of Limitations.</p> <p>The Statute of Limitations, as a rule, does not begin to run when no administration exists on the estate of the deceased at the time the cause of action accrued.</p> <p>The twenty-fourth section of the Limitation Act of 1850, providing that, “If a person against whom an action may be brought dies before the expiration of the time limited for the commencement thereof, and the cause of action survives, an action may be commenced against his executors or administrators after the expiration of that time, and within one year after the issuing of letters testamentary or of administration,” applies only to cases where the statute has commenced to run. The object of this section is not to curtail, but to prolong the period for suing in the given category.</p>