Atkinson

Judgment on the pleadings was rendered against the defendant. The complaint, duly verified, which was filed on the twenty-fourth day of August, 1923, declared upon a judgment rendered in favor of the plaintiff and against the defendant Adkins (and the defendant Delaney, who was not served and did not appear in this action), on the twenty-ninth day of August, 1918. In his answer appellant admitted that he has not paid the judgment, but “as to whether or not no part of said judgment has ever been paid and/or that said judgment now remains wholly or at all unpaid this defendant is not informed, and this defendant has no information or belief upon the subject sufficient to enable him to answer said allegation and placing his allegation upon that ground, denies the same.” As a separate defense appellant pleaded that the action is barred by the provisions of section 336, subdivision 1, of the Code of Civil Procedure, which prescribes a five-year limitation for action upon a judgment. As a further defense appellant pleaded that the plaintiff is estopped because of laches, in that the summons herein was not served upon appellant until April 25, 1925, although appellant during all of the…