County of Los Angeles v. Metropolitan Casualty Insurance Co.

A suit upon an undertaking furnished on behalf of a person charged with felony having been decided by the superior court in favor of the plaintiff, the defendant appealed.

The appellant states that the question presented is as to whether upon the record the period of limitation began to run upon accruing of the cause, of action or of the right to the remedy. The facts are not disputed. A complaint was filed on June 24, 192'5, against one Eli Stanton, who, on July 1st, was held to answer to the superior court, posted said undertaking on July 3d, was informed against on July 24th, and was arraigned on July 27th, at which time the date of trial was set for the fourteenth day of September following. On August. 22, 1930, owners of securities hypothecated moved to exonerate the said bond, which motion was denied, and the same was forfeited. He having failed to appear, and his undertaking remaining unpaid, suit was commenced by the county December 1, 1930, thereon.

It is insisted by the appellant that the cause of action arose, and" the limitation upon the time, within which an action could be instituted thereon commenced to run, when Stanton failed to appear for trial. The undertaking…