Mason v. Cronise
California Supreme Court
Appeal from the Twelfth Judicial District. This was an action brought in the District Court of the Twelfth District, to recover a balance due on a domestic judgment recovered in the Fourth District Court of this State, on the fourth day of April, A. D. 1858. No promise to pay within five years, nor any other circumstance to take the case out of the Statute of Limitations, is set up in the complaint.
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Appeal from the Twelfth Judicial District. This was an action brought in the District Court of the Twelfth District, to recover a balance due on a domestic judgment recovered in the Fourth District Court of this State, on the fourth day of April, A. D. 1858. No promise to pay within five years, nor any other circumstance to take the case out of the Statute of Limitations, is set up in the complaint. The defendant demurred, on the ground that the complaint did not state facts sufficient to constitute a cause of action. The Court gave judgment for the plaintiff on the demurrer, which judgment,…
1Opinion of the CourtField, C. J.
This action is brought to recover a balance alleged to be due upon a judgment of the District Court recovered in April, 1853. It was commenced in February, 1862, nearly nine years subsequent to the entry of the judgment. The defense rests upon the seventeenth section of the Statute of Limitations, which provides that “ an action upon a judgment or decree of any Court of the United States, or of any State or territory within the United States,” can only be commenced within five years after the cause of action has accrued, and is presented by the demurrer. The defense may be thus presented in…
2Cases cited1 opinion
- Smith v. RichmondCalifornia Supreme Court · 1861
3Cited by10 opinions
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- Fullerton v. BaileyUtah Supreme Court · 1898
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