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WOHLGEMUTH v. MEYER

Docket No. 16379.

139 Cal.App.2d 326 (1956)

293 P.2d 816

MAX WOHLGEMUTH, Appellant, v. PAUL MEYER et al., Respondents.

Court of Appeals of California, First District, Division One.

February 20, 1956.

Attorney(s) appearing for the Case

Shirley, Saroyan, Calvert & Peterson and Sanford N. Diller for Appellant.

Peart, Baraty & Hassard and Robert D. Huber for Respondents.

BRAY, J.

Plaintiff appeals from a judgment entered upon an order sustaining demurrer without leave to amend.

QUESTIONS PRESENTED

[1] 1. Does the statute of limitations (Code Civ. Proc., § 340, subd. (3)) applicable to the wrongful death statute (Code Civ. Proc., § 377) act as a bar to the right or only to the remedy?

2. If the limitation is merely procedural, were sufficient facts pleaded to toll the statute?

...

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