O'Neill

This is an action brought against the defendant, as executrix of the estate of John R. O’Neill, deceased, upon a claim, which had been rejected, in the sum of $5,222.05.

The complaint is in the usual form, alleging indebtedness “upon and according to a mutual, open, and current book account for money had and received.” The formal allegations of the complaint are admitted. By specific denial of the alleged indebtedness in said or any sum, and, by way of separate defense, an allegation that the plaintiff’s alleged cause of action was barred by subdivision 2 of section 337 of the Code of Civil Procedure, the issues were joined. The case was tried without a jury. Findings were in favor of the plaintiff on all the issues, and judgment was entered accordingly for the full amount asked. There was a motion for a new trial, which was denied. The appeal is from the judgment so entered.

The record before us consists only of the transcript and appellant’s opening brief.

The legal prerequisites for the bringing of an action on account,, such as is stated in the complaint in this action, within the saving clause of the statute are concretely set forth in the case of Norton v. Larco, 30 Cal.…