Kerfoot

Defendant Monroe's appeal from the judgment is presented upon the judgment-roll alone, which consists of an amended complaint, the answer thereto, the findings of fact and conclusions of law, and the judgment. There was no demurrer to said amended complaint. The findings recite the fact that, as alleged by the defendant, the action was commenced on or about October 11, 1913.'

The plaintiff is a corporation existing and having its place of business at Oklahoma City, in the state of Oklahoma.

The action was brought to recover the balance unpaid on a promissory note made July 3, 1911, at Oklahoma City, due ninety days after date and payable at plaintiff bank at Oklahoma City. The complaint alleged that appellant, since the note became due, has been absent from the state of California about thirty days. The answer alleged that appellant left the state of Oklahoma during the latter part of October, 1911, and arrived in Los Angeles on or about November 1, 1911, and ever since that time has been within the state of California, except about three weeks in August, 1914 (which three weeks, therefore, were after the commencement of this action). The answer further pleads that the action is…