Applegaeth v. Dean

Foote, C.

— Action to recover $504.75 paid upon a judgment in excess of the sum declared actually due upon the same as subsequently modified by the court.

A demurrer was filed to the complaint in the action and overruled. Defendant .declining to answer over, judgment passed for the plaintiff, and the former appeals.

It is admitted by the pleadings herein that upon the thirty-first day of December, 1881, the defendant in the present action obtained (in another .suit brought for the foreclosure of a mortgage against the plaintiff, then defendant), in the Superior Court of Merced County, a judgment…